Ferrell v. Ohio State Univ. Med. Ctr. , 2023 Ohio 4890 ( 2023 )

[Cite as Ferrell v. Ohio State Univ. Med. Ctr., 2023-Ohio-4890.]
IN THE COURT OF CLAIMS OF OHIO
MEGAN FERRELL, et al. Case No. 2018-00002JD
Plaintiffs Judge Dale A. Crawford
v. DECISION
THE OHIO STATE UNIVERSITY
MEDICAL CENTER, et al.
Defendants
{¶1} On December 28, 2023, in M.F. v. Ohio State Univ. Med. Ctr., 10th Dist.
Franklin No. 23AP-297, 2023-Ohio-4799, ¶ 23, the Tenth District Court of Appeals
reversed this Court’s judgment and remanded this matter for further proceedings in
accordance with law and consistent with the court of appeals’ decision. In M.F. at ¶ 19,
the court of appeals instructed: “[W]e are not remanding the case for a new trial; rather,
we are remanding the case for the Court of Claims to review Dr. Duboe’s videorecorded
trial deposition testimony and determine whether that testimony alters its previous
disposition on M.F.’s claims.”
{¶2} The Court has reviewed the two-plus hour videorecorded trial testimony of
Fred J. Duboe, M.D., as directed by the Tenth District Court of Appeals.1 After reviewing
Dr. Duboe’s videorecorded trial testimony, the Court finds that Dr. Duboe’s videorecorded
trial testimony does not alter the Court’s previous disposition of the claims (including
M.F.’s claims) in this case. The Court is unable to determine the proximate cause of
Cameroun Ferrell's injuries. Based upon the testimony of all witnesses, as well as Dr.
Duboe’s videorecorded trial testimony, the Court determines that the weight of the
evidence is equally balanced and, consequently, Plaintiffs have failed to prove their
1 A written copy of the deposition was not filed with the court.
Case No. 2018-00002JD -2- DECISION
claims by a preponderance of the evidence in this matter. Judgment will again be entered
in favor of Defendants.
DALE A. CRAWFORD
Judge
[Cite as Ferrell v. Ohio State Univ. Med. Ctr., 2023-Ohio-4890.]
MEGAN FERRELL, et al. Case No. 2018-00002JD
Plaintiffs Judge Dale A. Crawford
v. JUDGMENT ENTRY
THE OHIO STATE UNIVERSITY
MEDICAL CENTER, et al.
Defendants
IN THE COURT OF CLAIMS OF OHIO
{¶3} For reasons stated in the Decision filed concurrently herewith, judgment is
entered in favor of Defendants. Court costs are assessed equally against Plaintiffs. The
Clerk shall serve upon all parties notice of this judgment and its date of entry upon the
journal.
DALE A. CRAWFORD
Judge
Filed December 29, 2023
Sent to S.C. Reporter 1/30/24