Bell v. Ohio Living Communities

Citations

• 253 N.E.3d 763
• 2024 Ohio 4843

Syllabus

Medical malpractice; wrongful death; saving statute R.C. 2305.19, revised in 2004; complaint filed a third time after two previous dismissals not on the merits; trial court dismissed because saving statute could be used only once and statutes of limitation had expired; prior law limiting saving statute to one-time-use overruled by McCullough v. Bennett, 2024-Ohio-2783, decided July 24, 2024; dicta in Thomas v. Freeman, 79 Ohio St.3d 221 (1997) based on prior version of saving statute; saving statute no longer dependent on expiration of statute of limitations; both refilings of the complaint were within requirements of the current version of saving statute; trial court judgment reversed; no attorney fees because complaint reinstated and remanded to trial court for further proceedings.