Baon v. Fairview Hosp.

Citations

• 2019 Ohio 3371

Syllabus

Civ.R. 60(B), motion for relief from judgment, nonattorney, pro se litigant, R.C. 4705.01, statute of limitations, savings statute. The trial court did not err in denying the appellant's motion for relief from judgment because he did not have a meritorious claim. The appellant, a nonattorney, impermissibly filed a complaint for wrongful death on behalf of the decedent's next of kin in violation of R.C. 4705.01. Because of this, appellant's complaint was a nullity — it was as if he never filed a complaint. Therefore, the appellant failed to commence or attempt to commence an action for wrongful death within the statute of limitations, and his claim for wrongful death is time-barred.