Warner v. Marshall

Citations

• 2020 Ohio 1185

Syllabus

Appellant voluntarily dismissed timely filed personal injury action after defendant died. Within one-year savings statute, R.C. 2305.19, but beyond statute of limitations, appellant refiled action against the administrator of the defendant's estate. The estate moved to dismiss complaint on statute of limitations grounds, which motion the court granted. Estate argued that the savings statute only applied where the dismissed lawsuit and refiled lawsuit were against the same parties and estate was different party than decedent. The plain language of savings statute indicated intention to apply notwithstanding death of a party and that the defendant and the administrator of his estate, while nominally different parties, represented the same legal existence.