Hodge v. Cheek

Whiteside, Judge.

Plaintiff, Emma J. Hodge, appeals the judgment of the Franklin County Municipal Court dismissing her complaint and raises the following assignments of error:

“1. The trial court erred in dismissing the plaintiffs complaint since Ohio R.C. Sec. 2743.02 [sic] is unconstitutional, in whole or in part, under both the Ohio and Federal Constitution, as violative of the appellant’s rights to due process and equal protection, as it improperly establishes an insurmountable burden upon an unconscious plaintiff by requiring such plaintiff to obtain an affidavit of merit regarding the…