French v. Dwiggins

The critical issue raised by this appeal is whether R.C. 2125.02, as amended effective February 5,1982, will be applied to all actions tried subsequent to the effective date of the amendment. For the reasons to follow, we hold that R.C. 2125.02, as amended, is to be applied to all wrongful death actions tried on or after February 5, 1982.

In Kilbreath v. Rudy (1968), 16 Ohio St. 2d 70 [45 O.O.2d 370], we held as follows:

“1. Section 28, Article II of the Ohio Constitution prohibiting the passage of retroactive laws, has application to laws affecting substantive rights, and has no reference to…