PERRY v. EAGLE-PICHER INDUSTRIES, INC

No. 89-993.

52 Ohio St. 3d 168 (1990)

PERRY ET AL., APPELLEES, v. EAGLE-PICHER INDUSTRUES, INC. ET AL.; OWENS-ILLINOIS, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 3, 1990.


Attorney(s) appearing for the Case

Robert E. Sweeney Co., L.P.A., and Matthew T. Brady, for appellees.

Fuller & Henry, Robert A. Bunda, Mark P. Prajsner and Peggy A. Whipple, for appellant Owens-Illinois, Inc.

Cooper, Straub, Walinski & Cramer and Joseph P. Dawson, for appellant Service Products, Inc. of Toledo.


H. BROWN, J.

For the reasons which follow, we find that the trial court properly dismissed Mr. Perry's personal injury claim for failure to substitute his estate within the time allowed by Civ. R. 25(A)(1), though such dismissal should have been without prejudice. Accordingly, we reverse the judgment of the court of appeals in part and remand the cause to the trial court.

I

Dismissal of the Loss of Consortium and Wrongful Death Claims

The...

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