In short, Ohio is a notice-pleading state in which "no technical forms of pleading are required" and "a party is not required to plead the legal theory of recovery." Mohan J. Durve, M.D., Inc. v. Oker, 679 N.E.2d 19, 25 (Ohio Ct. App. 1996).
In addition, the "alter ego" doctrine may align the identity of principal and agent with regard to their dealings with others, but it does not transform the agent into an acceptable legal repository for the unauthorized disclosure of confidential information that the principal learned within another confidential relationship. In fact, in Mohan J. Durve, M.D., Inc. v. Oker (1996), 112 Ohio App.3d 432, 446-447, 679 N.E.2d 19, 28, a patient's ex-physician successfully argued that even the patient's lawyer has no right to access his client's medical records unless the client-patient executes a waiver or release or files an action that places her physical condition at issue. In holding that the trial court properly granted the physician's motion for a protective order, the court rejected appellants' argument that the patient's attorney, as her representative, is entitled to her records.
At no point in time does it appear that Paluscsak ever asked for the case to be transferred to Garfield Heights Municipal Court as the only proper venue. See, e.g., Mohan J. Durve, M.D., Inc. v. Oker, 112 Ohio App.3d 432, 437 (8th Dist.1996). Instead, he actively sought for the Cleveland Municipal Court to retain jurisdiction to resolve his claims.
When answering a complaint, a pleading must contain a short and plain statement of the party's defenses, no technical forms of pleading are required, and a court must construe pleadings so as to do substantial justice. Civ.R. 8; Mohan J. Durve, M.D., Inc. v. Oker (1996), 112 Ohio App.3d 432. Although not artfully drafted, Elsie's letter is an acceptable answer to Walter's complaint, as it sets forth her position in the case by stating the basis upon which she is going to defend the suit.
Civ.R. 26 provides that parties may obtain discovery on any unprivileged matter that is relevant to the subject matter involved in the pending action. See Mohan J. Durve, M.D., Inc. v. Oker (1996), 112 Ohio App.3d 432, 446. Trial courts have discretionary power when making decisions regarding the relevance of information sought during discovery.