COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 69562 TIAWLYNNE PETERSON, ET AL., : ACCELERATED DOCKET : : JOURNAL ENTRY Plaintiffs-Appellants : : AND v. : : OPINION CLEVELAND SURGI-CENTER, INC., : ET AL., : PER CURIAM : : Defendants-Appellees : DATE OF ANNOUNCEMENT OF DECISION: AUGUST 22, 1996 CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. 278014 JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For plaintiffs-appellants: Cynthia D. Smith 13006 Buckeye Road Cleveland, Ohio 44120 For defendant-appellee, Eugene B. Meador Cleveland Surgi-Center, Inc.: Kathleen Donovan Onders KITCHEN, DEERY & BARNHOUSE 55 Public Square 1100 Illuminating Building Cleveland, Ohio 44113 For defendant-appellee, Anna Moore Carulas Lee I. Rubenstein: JACOBSON, MAYNARD, TUSCHMAN & KALUS 1001 Lakeside Avenue Suite 1600 Cleveland, Ohio 44114-1192 -3- PER CURIAM: In this action for medical malpractice, plaintiffs-appellants Tiawlynne and Andrew Peterson appeal from the trial court order which granted the motion for summary judgment filed by defendant- appellee Cleveland Surgi-Center, Inc. Appellant's assignment of error is overruled since appellants failed to produce any competent evidence to support the necessary elements of their cause of action against appellee. Civ.R. 56(C) and (E); Wing v. Anchor Media, Ltd. of Texas (1991), 59 Ohio St.3d 108; Bruni v. Tatsumi (1976), 46 Ohio St.2d 127; Speir v. American University of the Caribeean (1981), 3 Ohio App.3d 28. See, also, Ramage v. Central Ohio Emergency Serv., Inc. (1994), 64 Ohio St.3d 97; Ebsch v. Tanpnaichitr (1992), 81 Ohio App.3d 507; Hubbard v. Laurelwood Hosp. (1993), 85 Ohio App.3d 607; motion to certify the record overruled (1993), 67 Ohio St.3d 1450; Jones v. Roche Laboratories (1992), 84 Ohio App.3d 135; Johnson v. Hammond (1990), 68 Ohio App.3d 491, motion to certify the record overruled (1990), 55 Ohio St.3d 706; Brueger v. Ohio Dept. of Rehab. & Corr. (1989), 64 Ohio App.3d 394; Johnson v. Hammond (1988), 47 Ohio App.3d 125. Furthermore, since the doctrine of res ipsa loquitur is a rule of evidence, it is inapplicable when evidence is absent. See, e.g., Morgan v. Children's Hospital (1985), 18 Ohio St.3d 185; Becker v. Lake Cty. Mem. Hosp. West (1990), 53 Ohio St.3d 202; Wiley v. Gibson (1990), 70 Ohio App.3d 463; Johnson v. Hammond, supra. Accordingly, the order of the trial court is affirmed. -4- It is ordered that appellees recover of appellants their costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. LEO M. SPELLACY, CHIEF JUSTICE JAMES M. PORTER, JUDGE JOSEPH J. NAHRA, JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time .