CHADWICK v. BARBA LOU, INC.

No. 81-344.

69 Ohio St. 2d 222 (1982)

CHADWICK, APPELLANT, v. BARBA LOU, INC., APPELLEE.

Supreme Court of Ohio.

Decided February 17, 1982.


Attorney(s) appearing for the Case

Mr. Arthur H. Thomas, Jr., and Mr. Michael D. Allen, for appellant.

Messrs. Crabbe, Brown, Jones, Potts & Schmidt, Mr. William L. Schmidt and Mr. David J. Richards, for appellee.


SWEENEY, J.

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...

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