Portee v. Cleveland Clinic FoundationAnnotate this Case
The Supreme Court held that the Ohio savings statute, Ohio Rev. Code 2305.19, does not apply to a federal or state court action commenced in another state that fails otherwise than upon the merits, and therefore, the attempted recommencement in an Ohio state court of the medical malpractice action in this case was barred by the applicable statute of limitations.
Plaintiffs filed a medical malpractice action in the United States District Court for the Southern District of Indiana. The federal court dismissed the case for lack of personal jurisdiction. Less than one year later, Plaintiffs filed an identical action against the same defendants in the Cuyahoga County Common Pleas Court. The trial court, relying on Howard v. Allen, 283 N.E.2d 167 (Ohio 1972), concluded that the action was untimely and granted summary judgment for the defendants. The court of appeals reversed, concluding that the savings statute applied, and therefore, Plaintiffs were permitted to file the case within one year after the action failed otherwise than upon the merits, even if the applicable statute of limitations had expired. The Supreme Court reversed, holding that the savings statute did not apply to this action.