State ex rel. MetroHealth Medical Center v. Sutula

{¶ 1} This is an appeal from a judgment dismissing a complaint for a writ of mandamus to compel a common pleas court judge to refer a case to a retired judge for a jury trial under R.C. 2701.10 and Gov.Jud.R. VI.

{¶ 2} Appellant Cheryl Austin is the plaintiff in a medical-malpractice case against appellant MetroHealth Medical Center (“MetroHealth”) pending in the Cuyahoga County Court of Common Pleas. The case is assigned to Judge John D. Sutula.

{¶ 3} On September 26, 2005, Austin and MetroHealth filed an agreement purporting to refer the case to a retired judge pursuant to R.C. 2701.10. Under…