Presley v. Fraley, 08ap-767 (3-31-2009)

OPINION

{¶ 1} The primary issue in this case is whether there is a rational basis for the Ohio savings statute for wrongful death actions, R.C. 2125.04, to distinguish between plaintiffs who dismiss their actions prior to the running of the statute of limitations and those who dismiss after the statute of limitations has lapsed. For the reasons that follow, we find that the statute lacks a rational basis.

{¶ 2} On September 5, 2003, Jarrod Payne, a pedestrian, was killed when he was struck by a car driven by defendant-appellee, Janette Fraley. Plaintiff-appellant, Sharma Presley is the…