Chadwick v. Barba Lou, Inc.

I

This action was filed more than two years from the date plaintiff’s cause of action accrued. Thus it is barred by R. C. 2305.10, the statute of limitations, unless it comes within the scope of R. C. 2305.19, the savings statute, or some other exception. R. C. 2305.19 provides, in part:

“In an action commenced * * * if the plaintiff fails otherwise than upon the merits, and the time limited for the commencement of such action at the date of * * * failure has expired, the plaintiff * * * may commence a new action within one year after such date. * * * ” (Emphasis added.)

Appellant herein…