Hanak v. Kraus

Citations

• 2022 Ohio 1941

Syllabus

Civ.R. 12(B)(6) motion to dismiss medical malpractice pro se statute of limitations R.C. 2305.113(A) savings statute R.C. 2305.19(A) time-barred de novo untimely local rule Civ.R. 10(D)(2) affidavit of merit good cause extension of time defective motion to strike factual allegations. Upon a de novo review, determined the trial court did not err in dismissing a medical-malpractice complaint as untimely pursuant to Civ.R. 12(B)(6), R.C. 2305.113(A), and 2305.19(A). The alleged difficulties that the pro se plaintiffs encountered in e-filing their documents properly did not require the complaint to be deemed timely filed. The affidavit of merit was defective because it did not identify each defendant named in the complaint pursuant to Civ.R. 10(D)(2), and no extension of time was warranted because the action was time-barred. The appellees' motion to strike factual allegations in appellants' brief that were not part of the record was granted.