Legal Opinion
Perry v. Eagle-Picher Industries, Inc.
Ohio Supreme Court
Decided July 3, 1990No. 89-993PublishedCited by 29 opinions
1Opinion of the CourtH. Brown, J.
For the reasons which follow, we find that the trial court properly dismissed Mr. Perry’s personal injury claim for failure to substitute his estate within the time allowed by Civ. R. 25(A)(1), though such dismissal should have been without prejudice. Accordingly, we reverse the judgment of the court of appeals in part and remand the cause to the trial court.
I
Dismissal of the Loss of Consortium and Wrongful Death Claims
The lawsuit before us includes three distinct causes of action: Mr. Perry’s claim for personal injuries, which survived his death pursuant to R.C. 2305.21 and 2311.21 (“the…
2Cases cited9 opinions
- Staggers v. Otto Gerdau Co.Court of Appeals for the Second Circuit · 1966
- Kraut v. Cleveland Ry. Co.Ohio Supreme Court · 1936
- Jones v. Wittenberg UniversityCourt of Appeals for the Sixth Circuit · 1976
- Burwell v. MaynardOhio Supreme Court · 1970
- Farrington v. BenjaminDistrict Court, Virgin Islands · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State ex rel. Grendell v. DavidsonOhio Supreme Court · 1999
- Morris v. MorrisOhio Court of Appeals · 2010
- Nat'l City Real Estate Servs. LLC v. Frazier, Court of Appeals of Ohio, Fourth District, Ross County2018
- Abood v. NemerOhio Court of Appeals · 1998
- State ex rel. Ware v. FankhauserOhio Supreme Court · 2024
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