Shue v. Ohio Dept. of Rehab. & Corr.
2017 Ohio 443
Ohio Ct. App.2017Background
- Plaintiff Jonathan Shue originally sued ODRC in the Court of Claims in November 2013 alleging negligent or nontreatment of a spinal injury occurring in 2011–2012.
- Shue voluntarily dismissed that 2013 action on March 2, 2015 (without a final judgment).
- On March 3, 2016 Shue refiled an identical complaint in the Court of Claims.
- ODRC moved to dismiss as time-barred because the refile was more than one year after the voluntary dismissal and beyond the applicable statute(s) of limitations.
- The Court of Claims dismissed the March 3, 2016 filing as untimely under Ohio’s one-year savings statute, R.C. 2305.19(A); the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shue’s March 3, 2016 refile was saved by Ohio’s one‑year savings statute (R.C. 2305.19) after his voluntary dismissal on March 2, 2015 | The one‑year period excludes the day of the event under Civ.R. 6(A), so the savings period began March 3, 2015 and Shue’s March 3, 2016 filing was timely; alternatively, excusable neglect (mailing delay) should apply | The voluntary dismissal was effective on filing March 2, 2015, so the one‑year savings period expired March 2, 2016; mailing delay/excusable neglect under Civ.R. 6(B) cannot extend statutory deadlines | The court held the refile was one day late and not saved by R.C. 2305.19; Civ.R. 6(B) (excusable neglect) cannot extend statutory time limits, so no relief was available |
Key Cases Cited
- Velotta v. Leo Petronzio Landscaping, Inc., 69 Ohio St.2d 376 (statute‑of‑limitations dismissal proper when complaint shows action is time‑barred)
- Mills v. Whitehouse Trucking Co., 40 Ohio St.2d 55 (same principle on statute‑of‑limitations dismissal)
- Frysinger v. Leech, 32 Ohio St.3d 38 (voluntary dismissal under Civ.R. 41(A) constitutes a failure otherwise than on the merits for purposes of R.C. 2305.19)
- Andrews v. Sajar Plastics, Inc., 98 Ohio App.3d 61 (Civ.R. 41(A)(1)(a) dismissal is self‑executing and effective on filing)
- Clay Hyder Trucking Lines, Inc. v. Riley, 16 Ohio App.3d 224 (voluntary dismissal effective at time of filing even without notice to opposing counsel)
- Williams v. E. & L. Transp. Co., 81 Ohio App.3d 108 (rules excusing neglect do not extend statutory limitations)