Garber v. Menendez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Marshall Garber, ) CASE NO. 1:17 CV 1214 ) Plaintiff, ) JUDGE PATRICIA A. GAUGHAN ) Vs. ) ) Heriberto Menendez, ) Memorandum of Opinion and Order ) Defendant. ) INTRODUCTION This matter is before the Court upon the Motion for Summary Judgment on Behalf of Defendant Heriberto Menendez, M.D. (Doc. 43). This is a malpractice action. For the reasons that follow, the motion is DENIED. FACTS For purposes of this motion, the facts of the case are largely undisputed. Plaintiff Marshall Garber brings lawsuit against defendant Dr.…