Barnhart v. Schultz

The main issue raised by the instant cause is whether a complaint filed by a plaintiff before the deadline provided for by the statute of limitations but after the death of the only designated defendant meets the requirements of the statute of limitations.

It is established law in Ohio that the statute of limitations is not tolled by the death of a defendant if the *61cause of action has accrued prior to that death. Wrinkle v. Trabert (1963), 174 Ohio St. 233, 236; Granger’s Admr. v. Granger (1833), 6 Ohio 35; Bartlow v. Kinnard (1882), 38 Ohio St. 373. Since, in the instant cause, the only…