On December 21, 2023, Tucker Ellis won an appeal before the Eighth District Court of Appeals for a group of nursing home clients in a case alleging aides had dropped a patient as they attempted to assist her in the bathroom. The patient died of unrelated causes six weeks before the lawsuit was filed. Ernie Auciello and Ray Krncevic litigated the case before the trial court, obtaining summary judgment on behalf of the clients because the estate failed to name a proper party as plaintiff until after the statute of limitations had expired.

The appellate court affirmed the trial court’s grant of summary judgment, holding that the claims at issue fell within Ohio’s one-year statute of limitations for medical claims. Jeff Sindelar briefed and argued the appeal with assistance from Lucy Zelina. The appeal was covered in Law360, where Jeff  commented, “We are proud of the result our team achieved on behalf of our clients and pleased that the Eighth District confirmed that the Ohio General Assembly’s 2015 amendments to the definition of a ‘medical claim’ under Ohio law brought claims arising out of skilled nursing care or personal care services within Ohio’s one-year statute of limitations for medical claims.”

Read the Law360 coverage on its website here.