BARNHART v. SCHULTZ

No. 77-280.

53 Ohio St. 2d 59 (1978)

BARNHART, APPELLEE, ET AL., v. SCHULTZ, ADMR., APPELLANT.

Supreme Court of Ohio.

Decided February 8, 1978.


Attorney(s) appearing for the Case

Messrs. Lindhorst & Dreidame and Mr. Arthur D. Weber, Jr., for appellee Patsey Lee Barnhart.

Droder Co., L. P. A., and Mr. Eugene Droder, for appellant Howard Schultz, Jr., Administrator.


WILLIAM B. BROWN, J.

The main issue raised by the instant cause is whether a complaint filed by a plaintiff before the deadline provided for by the statute of limitations but after the death of the only designated defendant meets the requirements of the statute of limitations.

It is established law in Ohio that the statute of limitations is not tolled by the death of a defendant if the cause of action has accrued...

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