[Cite as Aubry v. Univ. of Toledo Med. Ctr., 2010-Ohio-4574.]

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us

LAWRENCE AUBRY, et al. 

 Plaintiffs 

 v. 

THE UNIVERSITY OF TOLEDO MEDICAL CENTER f/k/a MEDICAL UNIVERSITY OF 

OHIO AT TOLEDO 

 Defendant 

Case No. 2007-05814 

Judge Clark B. Weaver Sr. 

AMENDED JUDGMENT ENTRY

{¶ 1} On July 21, 2010, the court issued a decision wherein the court held “that 

it was not below the standard of care for Dr. Seal to recommend the green-light laser 

procedure as a treatment for plaintiff’s symptoms. Nonetheless, the court finds that the 

care and treatment provided to plaintiff by Dr. Miocinovic, under the direction and 

supervision of Dr. Seal, fell below the accepted standard of care. Specifically, the court 

finds that plaintiff suffered an injury to his external sphincter as the result of a 

misapplication of the green-light laser and that such mishap caused plaintiff’s 

incontinence.”1

{¶ 2} On August 12, 2010, defendant filed a motion requesting that the court 

amend its decision to include a finding that apportions the percentage of liability 

between Drs. Miocinovic and Seal pursuant to R.C. 2307.23. R.C. 2307.23 states as 

follows: 

{¶ 3} “(A) In determining the percentage of tortious conduct attributable to a 

 1

In this matter, “plaintiff” shall refer to Lawrence Aubry.
Case No. 2007-05814 - 2 - AMENDED JUDGMENT 

ENTRY

party in a tort action under section 2307.22 or sections 2315.32 to 2315.36 of the 

Revised Code, the court in a nonjury action shall make findings of fact, and the jury in a 

jury action shall return a general verdict accompanied by answers to interrogatories, 

that shall specify all of the following: 

{¶ 4} “(1) The percentage of tortious conduct that proximately caused the injury 

or loss to person or property or the wrongful death that is attributable to the plaintiff and 

to each party to the tort action from whom the plaintiff seeks recovery in this action; 

{¶ 5} “(2) The percentage of tortious conduct that proximately caused the injury 

or loss to person or property or the wrongful death that is attributable to each person 

from whom the plaintiff does not seek recovery in this action. 

{¶ 6} “(B) The sum of the percentages of tortious conduct as determined 

pursuant to division (A) of this section shall equal one hundred per cent.” 

{¶ 7} Defendant’s motion is GRANTED. Upon review of the testimony and 

evidence adduced at trial, the court finds that plaintiff did not proximately cause or 

contribute to his injury. In addition, the court concludes that although Dr. Miocinovic 

exercised sole control over the foot pedal which activated the laser, Dr. Seal either 

directed or approved each application of the laser to various areas within plaintiff’s 

urinary tract. Accordingly, the court apportions the liability for plaintiff’s injury equally 

between Drs. Miocinovic and Seal. 

 _____________________________________ 

 CLARK B. WEAVER SR. 

 Judge 

cc: 

 
Case No. 2007-05814 - 3 - AMENDED JUDGMENT 

ENTRY

Brian M. Kneafsey Jr. 

Assistant Attorney General 

150 East Gay Street, 18th Floor 

Columbus, Ohio 43215-3130 

Thomas W. Gallagher 

400 Toledo Legal Building 

416 North Erie Street 

Toledo, Ohio 43604-5622 

SJM/cmd

Filed September 3, 2010 

To S.C. reporter September 14, 2010