Everley v. Wright

OPINION

HOWERTON, Judge.

Rose Everley’s wrongful death suit was dismissed by the Ohio Circuit Court on the basis that, at the time of trial, Mrs. Everley had never been appointed the personal representative of her husband’s estate and thus she could not properly bring the action. No personal representative having been appointed before the statute of limitations had run on the claim, the suit was time-barred. Reviewing the law, we reluctantly affirm.

Harry Everley was admitted to the Ohio County Hospital for surgery to take place on January 28, 1989. Within two hours after surgery, he suffered a…