Moore v. Mount Carmel Health Sys.

Citations

• 2018 Ohio 2831
• 117 N.E.3d 89

Syllabus

Appellant's request for service of the complaint, by operation of law, was a dismissal and refiling of the complaint and was a failure otherwise than on the merits. The trial court, therefore, erred in failing to apply the savings statute. Based on this error, the trial court also erred in dismissing the vicarious liability claims against Appellees (a medical practice and hospital). In light of these errors, whether the trial court erred in its conclusion about a physician's status as an employee of the medical practice is moot. Reversed and remanded for further proceedings.