Wilson v. DurraniAnnotate this Case
The Supreme Court held that a plaintiff may not take advantage of Ohio's saving statute to refile a medical claim after the applicable one-year statute of limitations has expired if the four-year statute of repose for medical claims has also expired.
Plaintiffs filed a medical malpractice complaint against Defendants in the Hamilton County Court of Common Pleas. Plaintiffs previously filed their claims against Defendants in prior actions that were dismissed without prejudice before refiling their claims in Hamilton County. Defendants moved for judgment on the pleadings in both refiled cases, arguing that Ohio's medical statute of repose, Ohio Rev. Code 2305.113(C) barred the refiled claims. The trial court agreed and granted Defendants' motions. The court of appeals reversed, concluding that Plaintiffs timely refiled their claims pursuant to the saving statute and that the statute of repose did not bar the refiled claims. The Supreme Court reversed, holding that because Plaintiffs commenced their actions in Hamilton County more than four years after the alleged conduct that formed the basis of their claims, the statute of repose barred Plaintiffs' refiled actions.