Children's Hospital v. Ohio Department of Public Welfare

The judgment of the Court of Appeals is reversed in part and affirmed in part for the reasons set forth herein.

Appellant contends the savings statute was not properly invoked in this case. We agree. The savings statute applies when the original suit and the new action are substantially the same. Kittredge v. Miller (1896), 12 C.C. 128, 131, affirmed without opinion 56 Ohio St. 779; Burgoyne v. Moore (1890), 12 C.C. 31, affirmed without opinion 51 Ohio St. 626. The actions are not substantially the same, however, when the parties in the original action and those in the new action are…