Estate of Morales v. Pavilion Rehab. & Nursing Ctr.

Citations

• 2026 Ohio 1655

Syllabus

Medical negligence; long-term care facility; statute of repose; R.C. 2305.113(C); unsound mind; R.C. 2305.16; Estate; voluntary dismissal; saving statute; summary judgment; Civ.R. 56(C); notice pleading; tolling; dementia; cognitive deficits; attorney-in-fact; affidavit of merit; refiled complaint; genuine issue of material fact; time-barred. Appellant's refiled medical negligence action is barred by the four-year statute of repose under R.C. 2305.113 (C) because it was commenced more than four years after the last alleged act or omission of malpractice. Appellant failed both to properly plead unsound mind as a tolling ground, or produce admissible Civ.R. 56(C) evidence establishing a genuine issue of material fact, on that issue. Unauthenticated medical records and lay affidavits were insufficient to invoke the narrow statutory exception. Absent a viable tolling theory, the refiled complaint is barred by R.C. 2305.113(C), that the saving statute cannot overcome. Summary judgment for appellees is affirmed.