MENTOR EXEMPTED VILLAGE SCHOOL DIST. BD. OF EDN. v. MOHAT

No. 2010-0951.

128 Ohio St.3d 395 (2011)

2011-Ohio-1421

MENTOR EXEMPTED VILLAGE SCHOOL DISTRICT BOARD OF EDUCATION ET AL. v. MOHAT ET AL.

Supreme Court of Ohio.

Decided March 30, 2011.


Attorney(s) appearing for the Case

Britton, Smith, Peters & Kalail Co., L.P.A., David Kane Smith , Krista Keim , and Lindsay Ferg Gingo , for petitioners.

Kenneth D. Myers , for respondents.

Paul W. Flowers Co., L.P.A., and Paul W. Flowers ; and Elk & Elk Co., Ltd., and Peter D. Traska , in support of respondents for amicus curiae Ohio Association for Justice.

Zagrans Law Firm, L.L.C., and Eric H. Zagrans , in support of respondents for amicus curiae Nikki C. Hardy.


{¶ 1} On May 27, 2010, the United States District Court, Northern District of Ohio, Eastern Division, certified the following question of state law to this court: "Whether, under Ohio law an action filed on behalf of a decedent before an estate is legally established by someone who is not a legally appointed administrator or personal representative (i.e., is without the capacity to sue on the decedent's behalf), are barred by the statute of...

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