Ward v. Summa Health System , 128 Ohio St. 3d 212 ( 2010 )

Pfeifer, J.,

concurring.

{¶ 34} I concur in the majority opinion. I write separately to emphasize that the failure of the tortfeasor, the hospital administrators, and their attorneys to tell the plaintiff who it was that exposed him to hepatitis is shameful. Evidence indicating what the tortfeasor and the hospital knew about the hepatitis exposure and when they knew it is critical to a final determination of liability, including potential punitive damages.

{¶ 35} I would go further than the majority opinion. Instead of stating that discovery is not precluded, I would remand with instructions that discovery begin immediately. The need for discovery in this case is so compelling that I would not countenance any more hearings.