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FRENCH v. DWIGGINS

No. 82-1815.

9 Ohio St. 3d 32 (1984)

FRENCH, ADMRX., APPELLANT, v. DWIGGINS, APPELLEE.

Supreme Court of Ohio.

Decided January 11, 1984.

Attorney(s) appearing for the Case

Messrs. Pees & Behal, Mr. Arnold E. Shaheen, Jr., and Mr. Randall W. Pees, for appellant.

Messrs. Reese, Paugh, McNenny, Pyle & Drake, Mr. James H. McNenny and Mr. Russell A. Steiner, for appellee.

Messrs. Keating, Ritchie & Lyon and Mr. Michael F. Lyon, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

Messrs. Porter, Wright, Morris & Arthur and Mr. Terrance M. Miller, urging affirmance for amicus curiae, Ohio Association of Civil Trial Attorneys.

CELEBREZZE, C.J.

The critical issue raised by this appeal is whether R.C. 2125.02, as amended effective February 5, 1982, will be applied to all actions tried subsequent to the effective date of the amendment. For the reasons to follow, we hold that R.C. 2125.02, as amended, is to be applied to all wrongful death action tried on or after February 5, 1982.

In Kilbreath v. Rudy (1968), 16 Ohio St.2d 70

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