Ohio Supreme Court, 1993

Cook v. Naveau

Cook v. Naveau
Ohio Supreme Court · Decided April 27, 1993
1993 Ohio 93

Cook v. Naveau

Opinion

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Cook et al., Appellants, v. Naveau et al., Appellees. [Cite as Cook v. Naveau (1993), Ohio St.3d .]

Pleadings -- R.C. 2309.01 is in conflict with Civ.R. 8(A) and is invalid and of no force and effect -- Ohio Rules of Civil Procedure control over subsequently enacted inconsistent statutes purporting to govern procedural matters. (Nos. 92-2343 and 92-2589 -- Submitted April 20, 1993 -- Decided April 28, 1993.)

Appeals from the Court of Appeals for Allen County, No. 1-92-1.

Denmead & Maloney and Craig Denmead, for appellants.

Jacobson, Maynard, Tuschman & Kalur, Robert C. Maynard, Steven J. Hupp, Gregory C. Gibson and Karen L. Clouse, for appellee John J. Naveau, M.D.

Porter, Wright, Morris & Arthur and Maryellen Spirito, for appellee Truman F. Soudah, M.D.

Crabbe, Brown, Jones, Potts & Schmidt, Steven A. Davis and Vincent J. Lodico, for appellee G.E. Martinez, M.D.

Lane, Alton & Horst and Thomas A. Dillon, for appellee Mercer County Joint Township Community Hospital.

The judgment of the court of appeals is reversed on authority of Rockey v. 84 Lumber Co. (1993), Ohio St.3d , N.E.2d , and the cause is remanded to the trial court for a new trial.

Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E.

Sweeney and Pfeifer, JJ., concur.

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