Wilson v. Mercy Health

Citations

• 2021 Ohio 2470

Syllabus

CIVIL - wrongful death trial court erred in denying the motions to dismiss without giving plaintiff the opportunity to cure the affidavit deficiencies as required by Civ.R. 10(D)(2)(E) the \first filed\ language does not serve to mandate that only the first time a complaint is filed against a certain defendant is a plaintiff given an opportunity to cure any defects-it serves to specify that if a plaintiff fails to attach any affidavit with his or her complaint, then that subsection of the civil rules does not allow them to \cure\ this defect by filing an affidavit later affirmed in part, reversed in part, and remanded.