Hazelwood v. Bharmota

BEFORE: CONTIE and WELLFORD, Circuit Judges; and CELEBREZZE, Senior Circuit Judge Order Upon consideration of Dr. Bharmota's motion to vacate the district court's judgment and to also remand this cause for further proceedings, and further considering the plaintiff's response in relation thereto, It is concluded that the district court's judgment dismissing the plaintiff's action alleging medical malpractice and loss of consortium should be vacated and this cause should be remanded for the district court to reconsider whether the plaintiff's action was filed in a timely fashion in light of the Ohio Supreme Court's decision in Oliver v. Kaiser Community Health Foundation, 449 N.E.2d 438, 5 Ohio St. 3rd 111 (1983). This panel unanimously agrees that oral argument is not necessary in these appeals. Rule 34(a), Federal Rules of Appellate Procedure. The district court's judgment dismissing the plaintiff's suit as to both defendants is, accordingly, vacated and this cause is hereby remanded to the district court for further consideration in light of Oliver v. Kaiser Community Health Foundation, supra, pursuant to Rule 9(d)(4), Rules of the Sixth Circuit.