Simeone v. Girard City Bd. of Edn

In Simeone v. Girard City Bd. of Edn., 171 Ohio App.3d 633, 2007 Ohio 1775, 872 N.E.2d 344, thirteen students of Girard Intermediate School, their parents, and four teachers filed suit against eight individuals and corporations who were involved in the building of the Girard Intermediate School. The school was closed after health problems were reported by numerous students and staff. After the school's closure, plaintiffs filed suit against defendants, alleging various claims, including negligence, fraudulent non-disclosure, breach of contract, and products liability. Id. at P3. Following suit, the plaintiffs timely served discovery requests upon defendants. Rather than respond, defendants moved the court to impose a Lone Pine order, claiming that it would more effectively expedite the case. In response, plaintiffs filed a motion to compel discovery. The trial court denied plaintiffs' motion to compel and granted defendants' request for a Lone Pine order, requiring plaintiffs, inter alia, to provide sworn statements from experts that to a reasonable degree of medical probability the plaintiffs' illnesses could not have been caused but for that exposure of toxins in the school. Id. at P32-37. In response to the Lone Pine order, plaintiffs moved the court to again compel discovery and reconsider. Plaintiffs submitted affidavits from their medical experts averring that they "could not meet the requirements of the 'Lone Pine' Order without first receiving discovery from appellees." Id. at P7. The trial court denied plaintiffs' motions.