COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 74188 MITCHELL BARNEY : : ACCELERATED DOCKET Plaintiff-Appellant : : JOURNAL ENTRY vs. : : AND UNIVERSITY HOSPITALS, ET AL. : : OPINION Defendants-Appellees : : PER CURIAM DATE OF ANNOUNCEMENT OF DECISION: DECEMBER 17, 1998 CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. CV-289767 JUDGMENT: Affirmed. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellant: ROBERT T. LYNCH, ESQ. 423 Statler Office Tower East 12th & Euclid Avenue Cleveland, Ohio 44115 For Defendants-Appellees: JAN L ROLLER, ESQ. JACOB A.H. KRONENBERG, ESQ. KEVIN M. NORCHI, ESQ. Davis & Young 1700 Midland Building 101 Prospect Avenue Cleveland, Ohio 44115-1027 For Jane Timmons-Mitchell: MARILYN J. SINGER, ESQ. 700 Skylight Office Tower 1660 West Second Street Cleveland, Ohio 44113-1454 PER CURIAM: This is an accelerated appeal under App.R. 11.1, which allows for our decision to be in brief, conclusory form. Consequently, this opinion will not contain a comprehensive exposition of our reasons for affirming the trial court's decision. See Crawford v. Eastland Shopping Mall Assn. (1983), 11 Ohio App.3d 158. Here, appellant Dr. Mitchell Barney appeals the trial court's decision granting summary judgment in favor of appellees Dr. Jane Timmons-Mitchell, Ph.D and University Hospitals. Dr. Barney sued alleging negligence, loss of companionship with his minor daughter, intentional and negligent infliction of emotional distress, and false light invasion of privacy. Appellant assigns two errors for our review: I. THE COURT BELOW ERRED IN FAILING TO FIND THAT APPELLANT PROVED BY DOCUMENTARY EVIDENCE A LACK OF GOOD FAITH BY BOTH APPELLEES. II. THE COURT BELOW ERRED BY FAILING TO FIND DEFENDANT-APPELLEE UNIVERSITY HOSPITALS LIABLE PURSUANT TO AGENCY BY ESTOPPEL. In compliance with App.R. 11.1, we affirm the trial court's decision. The apposite facts follow. In 1991, appellant was accused of sexually abusing his daughter, Kathryn-Anne. Kathryn-Anne, then seven years-old, was taken to the emergency room at University Hospitals by her mother and appellant's ex-wife, Pamela A. Canzeter. Kathryn-Anne's diagnosis was alleged abuse. Appellee University Hospitals contacted the Department of Human Services ( ODHS ) and an investigationresulted. Subsequently, appellant was indicted. He was later acquitted of all charges by a jury. ODHS referred appellee Dr. Timmons-Mitchell, a child psychologist, to work with Kathryn-Anne. Appellee Dr. Timmons- Mitchell diagnosed and treated Kathryn-Anne for post traumatic stress disorder. Pursuant to a subpoena, appellee Dr. Timmons- Mitchell testified before the grand jury, which eventually indicted Dr. Barney. However, she did not testify at the criminal trial. In March 1993, appellant relinquished his parental rights as Kathryn-Anne's father, allowing her step-father, Rodney Cheyney, to adopt her. Consequently, appellant was relieved of child support obligations. Also, appellee Dr. Timmons-Mitchell sent a letter to Grace Shore, a social worker with the Probate Court, supporting the adoption. In the letter, appellee Dr. Timmons-Mitchell stated that Kathryn-Anne has described alleged sexual abuse by her biological father. Appellee Dr. Timmons-Mitchell and appellee University Hospital separately moved for summary judgment. The trial court granted both motions ruling R.C. 2151.421 protected appellees from liability and that appellant failed to show evidence that appellee Dr. Timmons-Mitchell lacked good faith. This appeal followed. In his first assignment of error, appellant argues he provided the trial court with a multitude of circumstantial evidence showing a lack of good faith by appellee Dr. Timmons-Mitchell. In his second assignment of error he argues that such lack of good faith should be imputed to appellee University Hospitals, as the principal, under the laws of agency. The issue of whether summary judgment was properly granted by the trial court is a question of law. Therefore, we will conduct a plenary review of the issues raised on appeal. See Brown v. Scioto Bd. Of Commrs. (1993), 87 Ohio App.3d 704, 711. To prevail, the non-movant may not rest upon the allegations made in his pleadings, but must go forward with specific facts showing that there is a genuine issue for trial. Civ. R. 56(E). R.C. 2151.421(G)(1) confers immunity from civil or criminal liability on any person [or hospital] reporting in good faith known or suspected abuse of a child under eighteen years of age to a peace officer or children services board, and on any person participating in a judicial proceeding resulting from those reports. State v. Thompson (1994), 97 Ohio App.3d 629, 633. See also R.C. 2151.421(A)(1). According to R.C. 2151.421(G)(1), appellee Dr. Timmons- Mitchell is immune from any liability since any reports she made about Kathryn-Anne's alleged abuse arose from her status as the child's psychologist. To overcome appellee Dr. Timmons-Mitchell's immunity, appellant must present evidence indicating Dr. Timmons- Mitchell lacked good faith when reporting on the abuse. Based on our review of the record, we conclude appellee failed to produce such evidence. Lack of good faith is synonymous with bad faith. Long v. Bowling Green State University (June 30, 1997) Franklin App. Nos. 96API12-1736, 96API12-1757, unreported. `Bad faith' connotes a dishonest purpose, conscious wrongdoing, intent to mislead or deceive, or the breach of a known duty through some ulterior motive or ill-will. Jackson v. Butler County Board of Commrs. (1991), 76 Ohio App.3d 448, 453, jurisdictional motions overruled (1992), 63 Ohio St.3d 1463. Nothing in the record suggests appellee Dr. Timmons-Mitchell submitted her reports in bad faith. Appellee Dr. Timmons-Mitchell learned of the abuse after it had been reported to the proper authorities. She was requested to provide therapy for Kathryn-Anne by ODHS, another agency required to report abuse. Among the evidence on which Dr. Barney relies to support his argument, is a letter written by Dr. Timmons-Mitchell addressed to Grace Shore, a social worker with the Probate Court. The letter supports the adoption of Kathryn-Anne by her step-father. In the letter, Dr. Timmons-Mitchell does not accuse Dr. Barney of abusing his daughter, however she does state that Kathryn-Anne has described alleged sexual abuse by her biological father. This letter, in and of itself, is not indicative of a lack of good faith, especially since Dr. Barney waived his rights as a parent and allowed Cheyney to adopt Kathryn-Anne. Since we have concluded that Dr. Timmons-Mitchell did not act in bad faith, under the doctrine of agency we must also conclude University hospitals did not act in bad faith either. Dr. Barney's first assignment of error is overruled and his second assignment of error is moot. Judgment affirmed. It is ordered that appellees recover of appellant 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. ______________________________ PATRICIA ANN BLACKMON ADMINISTRATIVE JUDGE ______________________________ TIMOTHY McMONAGLE, JUDGE ______________________________ LEO M. SPELLACY, JUDGE N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 25(A); Loc. App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E), unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the .