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Doctor accused of sexually assaulting women loses legal malpractice case
TRACEY BLAIR
Legal News Reporter
Published: August 13, 2021
A Geauga County trial court did not err by granting summary judgment in favor of two attorneys in a legal malpractice case filed by a doctor accused of sexually assaulting more than 60 women.
Appellees Dr. John Irwin and Michael Ockerman represented Dr. James Bressi in various civil, criminal, and medical licensing board actions arising out of allegations that Bressi sexually assaulted dozens of women while providing medical services.
On appeal, Bressi alleged the trial court erred in granting summary judgment as it pertained to proximate cause and damages.
“After a review of the record and pertinent caselaw, we find Mr. Bressi’s assignments of error to be without merit,” 11th District Court of Appeals Judge Mary Jane Trapp said in her recent opinion. “Whether appellees were negligent in failing to timely file an appeal of a prejudgment attachment order and failing to file a transcript of the hearing on the motions to discharge the attachment order is not at issue. What is at issue are the remaining necessary elements in any negligence claim - proximate cause and resultant damages.
“There is simply no evidence in this record to support a claim that appellees’ negligence was the proximate cause of any identifiable loss. Mr. Bressi failed to provide rebuttal evidence to the appellees’ affidavits in which they averred they made no act or omission which proximately caused Mr. Bressi any damage, and Mr. Bressi’s expert offered no opinions regarding proximate cause and damages. Because Mr. Bressi failed to present a genuine issue of material fact that appellees’ malpractice was the proximate cause of any loss, summary judgment was properly granted.”
Case summary indicates appellees represented Bressi in at least three cases, including Thompson, et al. v. Summit Pain Specialists, Inc., Prather v. Bressi, and Bressi v. Geiger.
In Thompson, six of Bressi’s former patients filed suit in Summit County against Bressi, his medical practice, Summit Pain Specialists, Inc., and his medical practice partners, alleging claims of medical malpractice, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, violations under state and federal law for patient abuse, negligence under respondeat superior and fraudulent transfer in violation of the Ohio Uniform Fraudulent Transfer Act.
The Summit County court granted the plaintiffs’ motion for a prejudgment attachment order and froze Bressi’s assets.
After he was acquitted on 26 of the 27 charges in his criminal case, Bressi filed two motions to discharge the prejudgment attachment order, which included a $100,000 cash bond. In December 2016, the Thompson matter was settled. Over time, assets were released in various amounts in the different cases for settlement purposes and attorney fees.
The appellees also represented Bressi in his 9th District appeal of the attachment order and motions to discharge the order in Thompson v. Summit Pain Specialists, Inc..
The 9th District found the trial court was correct in concluding that an acquittal on 26 of 27 criminal charges did not constitute newly discovered evidence.
In 2018, Bressi sued his attorneys in Cuyahoga County and answered a counterclaim for nearly $100,000 in unpaid attorney fees. That case was later transferred to Geauga County. In August 2019, the Geauga County trial court issued a pretrial order requiring Bressi to submit an expert report.
In 2020, Irwin and Ockerman filed motions for summary judgment, arguing Bressi failed to support his claims with expert testimony. Irwin claimed Bressi suffered no damages since all of his assets were returned, other than those he agreed to turn over as part of a settlement with the victims.
The attorneys alleged Bressi failed to establish any act or omission that was the proximate cause of any damages.
Bressi argued expert testimony was not required to establish proximate cause in legal malpractice actions, and accused the attorneys of filing an untimely appeal, which demonstrates proximate cause.
“While it is clear appellees were negligent, there is simply no evidence appellees’ negligence was the proximate cause of any loss,” Judge Trapp added. “Because Mr. Bressi failed to raise a genuine issue of material fact that appellees’ malpractice was the proximate cause of any loss, summary judgment was properly granted in their favor.”
Appellate attorneys Thomas R. Wright and Matt Lynch concurred. The case is cited Bressi v. Irwin, 2021-Ohio-2550.
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