On August 21, 2009 a
Answer
was filed
involving a dispute between
and
in the District Court of Franklin County.
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D9485 - A69
S
IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY. gH / AY 9.5
ROBERT THURMAN, et al. “BURT ty
Plaintiffs
v. CASE NO. 09 CV 08-12742
JUDGE MCINTOSH
MOUNT CARMEL WEST, et al.
Defendants
ANSWER OF DEFENDANTS MOUNT CARMEL WEST
AND MOUNT CARMEL HEALTH SYSTEM TO PLAINTIFFS’ COMPLAINT
FIRST DEFENSE:
1. Now come Defendants Mount Carmel West and Mount Carmel Health System
(‘Defendants’) and for their first defense to Plaintiffs’ Complaint, admit that Robert
Thurman was a resident of New Albany, Ohio at various times when he was a patient at
Mount Carmel Medical Center and/or St. Ann’s Hospital in March - April 2008, and
including his out-patient Wound Clinic treatment commencing on February 13, 2008 for
cellulitis and right lower leg ulcerations and for follow-up care and treatment as an
outpatient on February 28, 2008 at the Wound Clinic and again prior to his in-patient
admission to Mount Carmel Medical Center on March 10, 2008. Defendants admit Plaintiff
was admitted to Mount Carmel Medical Center on April 28, 2008 where he underwent a
below the knee amputation (right leg). Defendants admit that Mount Carmel Health
System. owns and operates Mount Carmel Medical Center and Mount Carmel St. Ann’s
Hospital which are located in Franklin County, Columbus, Ohio. Further answering,
Defendants deny the balance of allegations in Plaintiffs’ Complaint for want of knowledge.
©D9485 - A70
Defendants specifically deny each and every allegation therein contained not expressly
admitted to be true or otherwise denied for want of knowledge.
SECOND DEFENSE:
2. Defendants assert the defense of intervening/superseding cause.
THIRD DEFENSE:
3. Defendants assert the defense of contributory (comparative) negligence which
may bar or limit some or all of either of Plaintiffs’ claims.
FOURTH DEFENSE:
4. Defendants assert the defenses of both express and implied assumption of the
tisk.
FIFTH DEFENSE:
5. Plaintiffs may have failed to join parties as required by the Joinder Rules of the
Ohio Rules of Civil Procedure, including but not limited to medical lienholders, if any.
SIXTH DEFENSE:
6. The injuries and/or damages alleged, if any, were due to circumstances and/or
conditions beyond the direct control of these answering Defendants, including but not
limited to acts or omissions of non-parties who are or may be liable for the injuries and/or
damages alleged pursuant to R.C. 2307.23(C).
SEVENTH DEFENSE:
7. Plaintiffs’ failure to provide a competent Affidavit of Merit, pursuant to Civ. R.
10(D)(2), deprives this Court of subject matter jurisdiction.B9485 - A71
EIGHTH DEFENSE:
8. Defendants are entitled to a set off pursuant to R.C. 2323.41 et seq. and/or
applicable case law.
NINTH DEFENSE:
9. Plaintiffs’ claimed damages, if any, are limited pursuant to the provisions of R.C.
2323.43, et seq. and/or applicable case law.
TE EF
10. Defendants assert the defense of the applicable statute of limitations which may
bar or limit some or all of Plaintiffs’ Complaint.
VEN EFENSE:
11. Defendant asserts the equitable defense of waiver.
TWELFTH DEFENSE:
12. Defendant asserts the equitable defense of estoppel
THIRTEENTH DEFENSE:
13. Plaintiffs’ Complaint fails to state a claim upon which relief can be granted
against Defendants either in whole or in part.
Fi EE EFENSE:
14. Defendants respectfully reserve the right to amend their Answer and/or
affirmative defenses consistent with the Ohio Rules of Civil Procedure as investigation and
discovery continues.B9485 - A72
WHEREFORE, Defendants Mount Carmel West and Mount Carmel Health System,
having fully answered Plaintiffs’ Complaint, demand that the same may be dismissed and
that they may go hence and recover their costs of suit herein expended.
Respectfully submitted,
Earl, Warburton, Adams & Davis
Attorneys for Defendants
Mount Carmel West and
Mount BO. Health Sy: .
Caer D:Sehaffer “o03
136 WesWNYlound Stree
Columbus, Ohio 43215
614-464-2392
614-464-0754 Fax
CERTIFICATE OF SERVICE
| hereby certify that a true copy of the foregoing document has been served upon
the following by regular U.S. Mail on this. Q wm day of November, 2009:
David |. Shroyer
Colley, Shroyer & Abraham
Attorneys for Plaintiffs
536 South High Street
Columbus, Ohio 43215
As.
Grier D. A ffer
Document Filed Date
November 16, 2009
Case Filing Date
August 21, 2009
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D9485 - A69 S IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY. gH / AY 9.5 ROBERT THURMAN, et al. “BURT ty Plaintiffs v. CASE NO. 09 CV 08-12742 JUDGE MCINTOSH MOUNT CARMEL WEST, et al. Defendants ANSWER OF DEFENDANTS MOUNT CARMEL WEST AND MOUNT CARMEL HEALTH SYSTEM TO PLAINTIFFS’ COMPLAINT FIRST DEFENSE: 1. Now come Defendants Mount Carmel West and Mount Carmel Health System (‘Defendants’) and for their first defense to Plaintiffs’ Complaint, admit that Robert Thurman was a resident of New Albany, Ohio at various times when he was a patient at Mount Carmel Medical Center and/or St. Ann’s Hospital in March - April 2008, and including his out-patient Wound Clinic treatment commencing on February 13, 2008 for cellulitis and right lower leg ulcerations and for follow-up care and treatment as an outpatient on February 28, 2008 at the Wound Clinic and again prior to his in-patient admission to Mount Carmel Medical Center on March 10, 2008. Defendants admit Plaintiff was admitted to Mount Carmel Medical Center on April 28, 2008 where he underwent a below the knee amputation (right leg). Defendants admit that Mount Carmel Health System. owns and operates Mount Carmel Medical Center and Mount Carmel St. Ann’s Hospital which are located in Franklin County, Columbus, Ohio. Further answering, Defendants deny the balance of allegations in Plaintiffs’ Complaint for want of knowledge. ©D9485 - A70 Defendants specifically deny each and every allegation therein contained not expressly admitted to be true or otherwise denied for want of knowledge. SECOND DEFENSE: 2. Defendants assert the defense of intervening/superseding cause. THIRD DEFENSE: 3. Defendants assert the defense of contributory (comparative) negligence which may bar or limit some or all of either of Plaintiffs’ claims. FOURTH DEFENSE: 4. Defendants assert the defenses of both express and implied assumption of the tisk. FIFTH DEFENSE: 5. Plaintiffs may have failed to join parties as required by the Joinder Rules of the Ohio Rules of Civil Procedure, including but not limited to medical lienholders, if any. SIXTH DEFENSE: 6. The injuries and/or damages alleged, if any, were due to circumstances and/or conditions beyond the direct control of these answering Defendants, including but not limited to acts or omissions of non-parties who are or may be liable for the injuries and/or damages alleged pursuant to R.C. 2307.23(C). SEVENTH DEFENSE: 7. Plaintiffs’ failure to provide a competent Affidavit of Merit, pursuant to Civ. R. 10(D)(2), deprives this Court of subject matter jurisdiction.B9485 - A71 EIGHTH DEFENSE: 8. Defendants are entitled to a set off pursuant to R.C. 2323.41 et seq. and/or applicable case law. NINTH DEFENSE: 9. Plaintiffs’ claimed damages, if any, are limited pursuant to the provisions of R.C. 2323.43, et seq. and/or applicable case law. TE EF 10. Defendants assert the defense of the applicable statute of limitations which may bar or limit some or all of Plaintiffs’ Complaint. VEN EFENSE: 11. Defendant asserts the equitable defense of waiver. TWELFTH DEFENSE: 12. Defendant asserts the equitable defense of estoppel THIRTEENTH DEFENSE: 13. Plaintiffs’ Complaint fails to state a claim upon which relief can be granted against Defendants either in whole or in part. Fi EE EFENSE: 14. Defendants respectfully reserve the right to amend their Answer and/or affirmative defenses consistent with the Ohio Rules of Civil Procedure as investigation and discovery continues.B9485 - A72 WHEREFORE, Defendants Mount Carmel West and Mount Carmel Health System, having fully answered Plaintiffs’ Complaint, demand that the same may be dismissed and that they may go hence and recover their costs of suit herein expended. Respectfully submitted, Earl, Warburton, Adams & Davis Attorneys for Defendants Mount Carmel West and Mount BO. Health Sy: . Caer D:Sehaffer “o03 136 WesWNYlound Stree Columbus, Ohio 43215 614-464-2392 614-464-0754 Fax CERTIFICATE OF SERVICE | hereby certify that a true copy of the foregoing document has been served upon the following by regular U.S. Mail on this. Q wm day of November, 2009: David |. Shroyer Colley, Shroyer & Abraham Attorneys for Plaintiffs 536 South High Street Columbus, Ohio 43215 As. Grier D. A ffer