Ramsey v. Neiman

The question presented is whether a wrongful death action may be brought under R.C. Chapter 2125 by a person who has not been appointed by a court to be the decedent’s personal representative. We answer the question in the negative and affirm the judgment of the court of appeals.

I

The answer to the question presented in this case depends on the meaning of the phrase “personal representative” in R.C. 2125.02(A)(1). The applicable language of R.C. 2125.02(A)(1) has remained virtually unchanged since the date the statute was originally enacted in 1851. When first enacted, the statute provided:…