State ex rel. Evans v. McGrath

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant’s petition for a writ of prohibition against Appellee, Court of Claims Judge Patrick McGrath. Appellant, an inmate, filed a negligence action against the Ohio Department of Rehabilitation and Correction. Judge McGrath dismissed the action. The appellate court reversed and remanded the cause for further proceedings. On remand, Judge McGrath denied Appellant’s motion for summary judgment. In his petition for a writ of prohibition Appellant argued that Judge McGrath lacked jurisdiction to deny his summary judgment motion. The Supreme Court affirmed the court of appeals’ dismissal of the prohibition petition, holding that Appellant failed to comply with Ohio Rev. Coe 2969.25(C)(1) and that Appellant’s noncompliance was not excused. View "State ex rel. Evans v. McGrath" on Justia Law