Blazef v. Cleveland Clinic Foundation, 90877 (7-31-2008)

JOURNAL ENTRY AND OPINION

{¶ 1} In this accelerated appeal, appellant Slavka Blazef, executrix of the Estate of Dimitri Blazef, appeals the trial court's dismissal of her medical malpractice complaint. Blazef assigns the following error for our review:

"I. The trial court denied the plaintiff her due process right to trial by jury when it sua sponte dismissed the complaint prior to trial."

{¶ 2} Having reviewed the record and pertinent law, we affirm the trial court's decision. The apposite facts follow.

{¶ 3} On February 7, 2006, Blazef, as executrix of her husband's estate, filed a negligence,…