Legal Opinion · Dissent

Portee v. Cleveland Clinic Found. (Slip Opinion)

Ohio Supreme Court

Decided August 16, 2018No. 2017-0616Published

1DissentKennedy, J.

{¶ 26} In Howard v. Allen , we construed a prior version of Ohio's saving statute, R.C. 2305.19, and held that it did not apply to actions initially commenced or attempted to be commenced in other states. 30 Ohio St.2d 130, 132, 283 N.E.2d 167 (1972). Today, almost a half-century later, we are asked to decide whether this construction of the saving statute still controls, given that the holding in Howard has been modified by a subsequent decision of this court, that the statute has been amended to encompass "any action," and that the reasoning and policy concerns on which the holding in…

2Cases cited26 opinions

  1. Arbino v. Johnson & JohnsonOhio Supreme Court · 2007
  2. Wachendorf v. ShaverOhio Supreme Court · 1948
  3. State v. FergusonOhio Supreme Court · 2008
  4. Clark v. ScarpelliOhio Supreme Court · 2001
  5. Reid v. SpazioSupreme Court of Delaware · 2009

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