Brown v. Solon Pointe at Emerald Ridge, 2013 Ohio 4903

Isabelle Brown, executor of Willie Brown’s estate, sued multiple defendants in three cases alleging medical malpractice and wrongful death.
Brown I (Case CV-10-721717) filed March 19, 2010; court granted extensions to file Civ.R. 10(D)(2) affidavit of merit, final deadline August/September 2010.
Brown I was dismissed without prejudice on September 29, 2010 for failure to file the affidavit.
Brown II (Case CV-11-751352) refiled March 18, 2011; trial court denied extension and dismissed without prejudice on May 10, 2011.
Brown III (Case CV-12-782380) refiled May 10, 2012; defendants moved to dismiss or for summary judgment; trial court later granted summary judgment.
Court held the savings statute can be used only once and the claims were time-barred, resulting in dismissal with prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Brown II appeal was timely.	Brown II appeal timely under Civ.R. 58 and App.R. 4.	Appeal untimely because notice was filed almost two years after denial of extension.	No jurisdiction; Brown II appeal untimely; affirm dismissal for lack of jurisdiction.
Whether the trial court properly denied extension of time and granted summary judgment in Brown III.	Good cause existed for extension to obtain an affidavit of merit; issues are complex.	No good cause; savings statute limits, and claims time-barred; affidavit not filed timely.	Court did not abuse discretion; savings statute cannot be reused; summary judgment affirmed.

Fletcher v. Univ. Hosps. of Cleveland, 120 Ohio St.3d 167 (Ohio 2008) (affidavits of merit and extension procedures under Civ.R. 10(D))
Hamrick v. Ramalia, 2012-Ohio-1953 (8th Dist. Cuyahoga) (savings statute can be used only once)
Duncan v. Stephens, 2004-Ohio-2402 (8th Dist. Cuyahoga) (savings statute limitations on refiling)
Hancock v. Kroger Co., 103 Ohio App.3d 266 (10th Dist. 1995) (savings statute applicability and filing restrictions)