Mitchell v. Schering Corporation, Unpublished Decision (9-27-2001)

JOURNAL ENTRY AND OPINION

The appellant, Marlene Mitchell, Administratrix of the estate of Carl Mitchell, her deceased husband, appeals the decision of the trial court granting appellee's motion for summary judgment based on the grounds of res judicata and untimeliness under 2152.02(D). For the reasons set forth below we affirm the decision of the trial court.

This case arises from the death of Carl Mitchell, appellant's husband, on April 6, 1994. The appellant was named as the Administratrix of the estate on June 29, 1998.

On May 26, 1995, the appellant filed a wrongful death action, pursuant…