Wade v. Reynolds

All parties agree that plaintiffs original complaint, sounding in medical malpractice, was timely filed on October 31, 1980. That complaint was dismissed on March 21, 1984, for reasons otherwise than failure upon the merits, and the claim was refiled on March 21, 1985. The trial court sustained the motion to dismiss the refiled complaint on the basis that it was precluded by the statute of limitations, since the savings provisions of R.C. 2305.19 do not apply to medical malpractice claims, where the refiling occurs outside the four-year period provided by R.C. 2305.11 (B).

By her assignment of…