Costell v. Toledo Hospital

The findings of the courts below were that Civ. R. 41(A)(1) was a voluntary dismissal upon the merits and also that the prima facie tort is not a recognized cause of action within Ohio’s courts. We now reverse in part and affirm in part.

I

It has been consistently admitted by the parties that the central issue under Civ. R. 41(A)(1) is whether a voluntary and unilateral dismissal by the plaintiffs is a failure by plaintiffs “otherwise than upon the merits” for purposes of the application of R.C. 2305.19. We need only refer to our recent holding in Frysinger v. Leech (1987), 32 Ohio St. 3d 38,…