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PRESLEY v. FRALEY

No. 08AP-767.

2009 Ohio 1558

Sharma Presley, Administratrix of the Estate of Jarrod Payne, Plaintiff-Appellant, v. Janette A. Fraley, Defendant-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on March 31, 2009.

Attorney(s) appearing for the Case

George C. Rogers, for appellant.

Jones Day, Shawn J. Organ, Matthew C. Corcoran and Zachary C. Bolitho, for appellee.

OPINION

TYACK, J.

{¶1} The primary issue in this case is whether there is a rational basis for the Ohio savings statute for wrongful death actions, R.C. 2125.04, to distinguish between plaintiffs who dismiss their actions prior to the running of the statute of limitations and those who dismiss after the statute of limitations has lapsed. For the reasons that follow, we find that the statute lacks a rational basis.

{¶2...

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