SCOTT v. DURRANI (2020)

Supreme Court of Ohio.

SCOTT, Appellee, v. DURRANI et al., Appellants.

No. 2020-0206

Decided: December 31, 2020

Strauss Troy Co., L.P.A., and Robert R. Sparks; and Nicholas M. Nighswander, P.L.L.C., and Nicholas M. Nighswander, for appellees. Taft, Stettinius & Hollister, L.L.P., Aaron M. Herzig, Russell S. Sayre, and Philip D. Williamson, Cincinnati, for appellants Abubakar Atiq Durrani, M.D., and Center for Advanced Spine Technologies, Inc. Bonezzi, Switzer, Polito & Hupp Co., L.P.A., Paul W. McCartney, and Thomas F. Glassman, Cincinnati, for appellant Abubakar Atiq Durrani, M.D. Rendigs, Fry, Kiely & Dennis and Jeffrey M. Hines, Cincinnati, for appellants West Chester Hospital, L.L.C., and UC Health, L.L.C.

{¶ 1} The judgment of the First District Court of Appeals is reversed on the authority of Wilson v. Durrani, ––– Ohio St.3d ––––, 2020-Ohio-6827, ––– N.E.3d ––––, and the cause is remanded to that court for it to consider the arguments of appellees, R. David and Missy Scott, that it previously deemed moot.

{¶ 2} Oral argument scheduled for March 3, 2021, is accordingly canceled.

O'Connor, C.J., and Kennedy, French, Gwin, and Klatt, JJ., concur. Stewart, J., concurs based only on stare decisis. Donnelly, J., dissents and would allow the case to proceed to oral argument. W. Scott Gwin, J., of the Fifth District Court of Appeals, sitting for Fischer, J. William A. Klatt, J., of the Tenth District Court of Appeals, sitting for DeWine, J.

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