# White v. Moody

> Ohio Court of Appeals · June 20, 1985 · 24 Ohio App. 3d 176

URL: https://www.frixlaw.com/law-library/cases/3685390

## Case

- **Full name:** White, Admr., Appellant, v. Moody, Mayor, Et Al.; Pangalangan Et Al., Appellees
- **Court:** Ohio Court of Appeals
- **Decided:** June 20, 1985
- **Citations:** 24 Ohio App. 3d 176; 24 Ohio B. 266; 493 N.E.2d 1006; 1985 Ohio App. LEXIS 10170
- **Precedential status:** Published
- **Opinion:** Concurrence by Whiteside
- **Judges:** Reilly, Whiteside, Moyer
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3685390

## Opinion text

Whiteside, J.,
concurring. Although I otherwise concur in the opinion and judgment, I concur in the overruling of the first assignment of error upon the limited ground that any error in the trial court determination as a matter of law that defendants did not act under color
*180
of state law is not prejudicial for the reasons stated in the majority opinion in connection with the second and third assignments of error. This is simply a medical malpractice case, not one involving denial of constitutional rights, even assuming defendants, or any of them, acted under color of state law. It is unnecessary for this court to explore the application of either
Estelle
v.
Gamble
(1976), 429 U.S. 97 , or
Polk County
v.
Dodson
(1981), 454 U.S. 312 , both of which are distinguishable from the circumstances herein involved.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3685390. Public record. Not legal advice.