Estate of Ridley v. Hamilton County Board of Mental Retardation & Development Disabilities

Hildebrandt, Presiding Judge.

{¶ 1} Plaintiff-appellant the Estate of Jerome Ridley (“the estate”) appeals from the trial court’s judgment dismissing its second amended complaint for failure to state a claim upon which relief can be granted pursuant to Civ.R. 12(B)(6). For the following reasons, we affirm in part and reverse in part and remand this case for further proceedings.

{¶ 2} Because this appeal is based on the dismissal of the estate’s claims, the following facts taken from the estate’s second amended complaint are accepted as true. 1

{¶ 3} Jerome Ridley was a mentally retarded adult…