- 9 - When the case was called for trial at Columbus, Ohio, on July 31, 1995, petitioner did not appear for trial. Respondent presented Dr. Kelly Lee Mckeraham, a physician at the Ohio State University family practice clinic. Dr. Mckeraham did not examine petitioner, nor was he able to express an opinion as to whether petitioner's medical condition was so severe as to prevent him from appearing in Court. At petitioner's request and based on petitioner's medical file, Dr. Mckeraham provided a note for petitioner excusing him from upcoming business meetings. On the basis of the record, the Court concluded that the matter should proceed to trial despite petitioner's absence. The Court was far from satisfied that petitioner's failure to appear was based on his medical condition rather than his desire to further delay the trial. The record in this case revealed a history of delay and failure to communicate and cooperate. The Court simply could not tolerate any further delay tactics by petitioner. The Court also notes that there were substantial stipulations of fact and exhibits already in the record, some of which petitioner had agreed to and some of which were the result of orders issued under Rule 91(f). The Court issued an order providing the parties an opportunity to file briefs. In fact, petitioner did file a posttrial brief. When this case was called for trial on July 31, 1995, respondent orally moved to dismiss this case for failure toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011