Lewis v. Ohio Department of Health

Martin, Judge.

This is an appeal from a ruling by the Ohio Court of Claims sustaining appellees’ motion, under Civ.R. 12(B)(6), to dismiss for failure to state a claim upon which relief could be granted.

On September 25, 1987, and for some considerable period before that, Josephine Lewis was a resident of the Manor Care Nursing Home located in Lucas County, Ohio. The nursing home was, at a time, a privately owned nursing care facility. Under R.C. 3721.01 et seq., the state is given a duty to inspect such nursing homes and, in accordance with said statute, did periodically make inspections of…