NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas BRIEF February 27, 2017 13:47 By: THOMAS P. MANNION 0062551 Confirmation Nbr. 998481 ESTATE OF KAREN CARNEY, BY L. CAROL CV 15 856223 PUTMAN, ADMIN. vs. LAKE HEALTH SYSTEM, INC., ET AL. Judge: KATHLEEN ANN SUTULA Pages Filed: 4
IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ESTATE OF KAREN CARNEY, BY L. CAROL PUTMAN, AS ADMINISTRATOR, v. Plaintiff, LAKE HEALTH SYSTEM, INC., et al., Defendants. CASE NO. CV-15-856223 JUDGE KATHLEEN ANN SUTULA DEFENDANT CHETAN PATEL, M.D. S BRIEF IN OPPOSITION TO PLAINTIFF S MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO MOTION FOR SUMMARY JUDGMENT Now comes Defendant Chetan Patel, M.D., by and through undersigned counsel, and hereby respectfully submits this Brief in Opposition to Plaintiff s Motion for Extension of Time to File Opposition to Dr. Patel s Motion for Summary Judgment. On January 24, 2017, Dr. Patel filed a Motion for Summary Judgment requesting this Court dismiss all claims against Dr. Patel. Dr. Patel s motion was based on Plaintiff s failure to secure an expert opinion critical of the medical care provided by Dr. Patel as well as Plaintiff s failure to establish that Karen Carney relied upon any statements attributed to Dr. Patel in choosing TriPoint Medical Center on January 1, 2015. Plaintiff has conceded that she has no valid medical negligence claim against Dr. Patel. Plaintiff failed to produce an expert who was critical of the medical care provided by Dr. Patel, and Plaintiff now admits, all of claims against Defendant Patel are based upon fraudulent misrepresentations he made to the general public, including Plaintiff s Decedent Karen Carney. (See, Plaintiff s Motion for Extension of Time to File Opposition to Motion for Summary Judgment, p. 5).
It is a fundamental principal of the law of fraud that the party complaining of misrepresentation must show reliance upon it. Ihms v. Koster, 8th Dist. Cuyahoga No. 36132,1977 Ohio App. LEXIS 9348, *4 (July 21, 1977). Plaintiff s failure to acknowledge this fundamental principal of law should result in the Court s denial of Plaintiff s motion for an extension of time. As detailed in Dr. Patel s Motion for Summary Judgment, Plaintiff has failed to set forth any evidence that Karen Carney was even aware of the statements attributed to Dr. Patel, let alone that she relied upon such statements. (See, Dr. Patel s Motion for Summary Judgment p. 9-11). Not one of the fact witnesses deposed in this matter testified that Ms. Carney was aware of any statements attributed to Dr. Patel. In fact, the decedent s husband admitted he discovered the press release containing statements attributed to Dr. Patel after Ms. Carney passed away. Yet, Plaintiff alleges she must be afforded twenty-one (21) days after Dr. Patel is deposed in order to adequately respond to Dr. Patel s Motion for Summary Judgment. On its face, Plaintiff s request lacks merit. Any testimony provided by Dr. Patel is wholly irrelevant to the issues raised in Dr. Patel s Motion for Summary Judgment. Dr. Patel cannot possibly testify as to whether Karen Carney read the press release attached to Plaintiff s Complaint, and furthermore whether she relied upon statements attributed to Dr. Patel in the press release. Plaintiff cannot honestly expect this Court to believe that Dr. Patel can provide evidence of Ms. Carney s reliance upon statements attributed to Dr. Patel when none of Ms. Carney s closest family members had any knowledge that she had ever heard, seen, or read anything attributed to Dr. Patel.
The deposition of Dr. Patel is simply not capable of producing evidence which would assist Plaintiff in responding to the issues addressed in Dr. Patel s Motion for Summary Judgment. Therefore, Plaintiff s Motion for Extension of Time should be denied. Respectfully submitted, /s/ Thomas P. Mannion Thomas P. Mannion (0062551) David J. Hudak (0070510) LEWIS BRISBOIS BISGAARD & SMITH 1375 East 9th Street, Suite 2250 Cleveland, Ohio 44114 T: 216-586-8812 F: 216-344-9421 T om.manni on@l ewi sbri sbois.com David.Hudak@lewisbrisbois.com Counsel for Defendant Chetan Patel, M.D
CERTIFICATE OF SERVICE I hereby certify on this 27th day of February, 2017, a true and correct copy of the foregoing has been electronically filed using the CM/ECF System, which will send notification of such filing to the following counsel of record: Charles V. Longo, Esq. Matthew Longo, Esq. 25550 Chagrin Boulevard, Suite 320 Beachwood, OH 44122 cvlongo@cvlongolaw.com; matt@cvlongolaw.com Attorney for Plaintiff Joseph E. Herbert, Esq. 1375 East 9th Street One Cleveland Center; 10th Floor Cleveland, OH 44114 iherbert@ralaw.com Donald Switzer, Esq. 1300 East 9th Street; Suite 1950 Cleveland, OH 44114 dswitzer@bsphlaw.com blange@bsphlaw.com krasnake@bsphlaw.com William A. Meadows, Esq. 101 Prospect Avenue, Suite 1400 Cleveland, Ohio 44115 wmeadows@reminger.com Attorney for Lake Health System, Inc. and Lake Hospital System, Inc. dba Lake Health, Tripoint Medical Center, Allied Health Professionals, and Cynthia Moore-Hardy, F.A.C.H.E Attorney for Angela Mattke, M.D., Emergency Medicine Physicians, LLC, EMP Medical Group, LTD, EMP Holdings, LTD, Emergency Medicine Physicians of Lake County, Ashtabula County, LTD, Athens County, LTD, Barberton County, LTD, Belmont County, LTD, Champaign County, LTD., Cuyahoga County, LTD, Franklin County, LTD, Guernsey County, LTD, Lake Medina County, LTD, Lancaster County, LTD, Medina County, Mercy County, LTD, Richfield County, LTD, Richfield County, LTD, Stark County, LDT, and Wadsworth County, LTD Attorney for John Samsa, D.O., F.A.C.C. /s/thomas P. Mannion _ Thomas P. Mannion (0062551) David J. Hudak (0070510) LEWIS BRISBOIS BISGAARD & SMITH