Burwell v. Maynard

It is agreed that the appellee, in his capacity as administrator for the estate of the deceased passenger, failed to present this statutory beneficiary’s claim for wrongful death to the appellant within the four-month provision of Section 2117.06 and the nine-month provision of Section 2117.07, Revised Code. There is also no dispute that appellee, in his capacity as next friend for the minor and sole heir of the deceased passenger, did present the minor’s claim to the appellant within nine months after the appointment, pursuant to Section 2117.07, Revised Code. Thus, the sole question…