Jones v. Birney, 07ca009171 (5-12-2008)

DECISION AND JOURNAL ENTRY

This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: {¶ 1} Appellants, Frances Jones, et al., appeal from the judgment of the Lorain County Court of Common Pleas which granted summary judgment in favor of Appellees, Paul Birney, et al. This Court reverses.

I

{¶ 2} On February 6, 1999, the decedent, Jake Jones ("Mr. Jones"), presented to the Allen Memorial Hospital emergency room with complaints of fever, chills, right abdominal pain, tenderness and constipation. The emergency room doctor…