Breach of Contract Cases

The trial court did not err in granting summary judgment to appellee-hospital on appellants' claim for violation of the Ohio Consumer Sales Practices Act. The hospital had no duty to inform appellants about the billing practices of an independent contractor physician who treated appellants after they came to the hospital's emergency room. However, the court did err in granting summary judgment to appellee-physician on appellants' fraud claims. There were genuine issues of material fact concerning whether the physician acted fraudulently and with actual malice, in conscious disregard of appellants' rights. The court also erred in granting the physician summary judgment on appellants' claims for breach of the physician's contracts with the hospital. Appellants were clearly intended third-party beneficiaries of those contracts and could assert breach of contract claims. Judgment affirmed in part, reversed in part, and remanded.