Freeland v. Pfeiffer

Quillin, Judge.

This is an appeal from the trial court’s denial of appellants’ motion for relief from summary judgment. We reverse.

On September 11,1989, appellants, Robert M. Freeland and Carol J. Freeland, filed a medical malpractice complaint against appellees, John A. Pfeiffer, M.D., David L. Yontz, M.D., Diane M. Minich, M.D. and Portage Lakes Family Practice, Inc. Appellants attached an affidavit to their complaint pursuant to R.C. 2307.42(C)(1)(b) stating that they had not had time to consult with a physician to obtain an affidavit as required under R.C. 2307.42(C)(l)(a)(i). They failed,…