Agaj v. Univ. Hosps. Health Sys., Inc.

114 N.E.3d 330, 2018 Ohio 2193
CourtCourt of Appeals of Ohio, Eighth District, Cuyahoga County
DecidedJune 7, 2018
DocketNo. 105988
StatusPublished

This text of 114 N.E.3d 330 (Agaj v. Univ. Hosps. Health Sys., Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Eighth District, Cuyahoga County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Agaj v. Univ. Hosps. Health Sys., Inc., 114 N.E.3d 330, 2018 Ohio 2193 (Ohio Super. Ct. 2018).

Opinion

EILEEN T. GALLAGHER, P.J.:

{¶ 1} Plaintiffs-appellants, Ylli and Mirela Agaj (together "appellants"), appeal from the trial court's judgment dismissing their complaint against defendants-appellees, University Hospitals Health System, et al. (collectively "UH") with prejudice. Appellants raise the following assignment of error for review:

1. The trial court erred and abused its discretion in not permitting appellants to *332refile their complaint by showing that the negligence in delaying the refiling was excusable.

{¶ 2} After careful review of the record and relevant case law, we affirm the trial court's judgment.

I. Procedural and Factual History

{¶ 3} On November 4, 2015, appellants filed a complaint against UH, alleging that Mr. Agaj received negligent medical care in May 2014 that resulted in permanent injuries, loss of income, and other damages. On April 27, 2016, appellants filed a notice of voluntary dismissal pursuant to Civ.R. 41(A).

{¶ 4} On May 2, 2017, appellants filed a motion captioned "request to file complaint instanter." In the motion, appellants acknowledged that their complaint was not refiled within one year of the notice of voluntary dismissal as required by Ohio's savings statute, R.C. 2305.19. However, appellants requested leave to refile their complaint based on their belief that counsel's failure to comply with the time requirements of the savings statute was the result of excusable neglect.

{¶ 5} On May 16, 2017, UH filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. UH argued that appellants' claims were untimely because the complaint was not refiled within one year of the voluntary dismissal in accordance with the savings statute.

{¶ 6} Appellants opposed the motion to dismiss, reiterating their position that the failure to comply with the savings statute was the result of counsel's excusable neglect.

{¶ 7} On June 14, 2017, the trial court denied appellants' motion for leave and granted UH's motion to dismiss, stating, in relevant part:

Plaintiffs dismissed their initial complaint without prejudice on 4/27/2016. Plaintiffs did not refile their complaint until 5/2/2017. Plaintiffs failed to refile their complaint within one year of their dismissal and therefore their claims are now time[-]barred, pursuant to R.C. 2305.113(A) and 2305.19(A). Plaintiffs' complaint is dismissed with prejudice.

{¶ 8} Appellants now bring this timely appeal.

II. Law and Analysis

{¶ 9} In their sole assignment of error, appellants argue the trial court erred by dismissing their complaint with prejudice.

{¶ 10} A motion to dismiss for failure to state a claim on which relief can be granted tests the sufficiency of the complaint. Volbers-Klarich v. Middletown Mgt. , 125 Ohio St.3d 494, 2010-Ohio-2057, 929 N.E.2d 434, ¶ 11 (2010). In construing a complaint upon a Civ.R. 12(B)(6) motion, a court must presume that all factual allegations in the complaint are true and make all reasonable inferences in the plaintiff's favor. Id. at ¶ 12 ; LeRoy v. Allen, Yurasek & Merklin , 114 Ohio St.3d 323, 2007-Ohio-3608, 872 N.E.2d 254, ¶ 14. A court may dismiss a claim under Civ.R. 12(B)(6) for failing to comply with the applicable statute of limitations when the face of the complaint conclusively shows that the claim is time barred. Ohio Bur. of Workers' Comp. v. McKinley , 130 Ohio St.3d 156, 2011-Ohio-4432, 956 N.E.2d 814, ¶ 13. Appellate court review of a trial court's decision to dismiss a claim pursuant to Civ.R. 12(B)(6) is de novo. Id. at ¶ 12.

{¶ 11} Ohio's savings statute, R.C. 2305.19, affords a plaintiff a limited period of time to refile a dismissed claim that would otherwise be time barred. The statute provides, in part:

In any action that is commenced or attempted to be commenced, * * * if the *333plaintiff fails otherwise than upon the merits, the plaintiff * * * may commence a new action within one year after the date of * * * the plaintiff's failure otherwise than upon the merits or within the period of the original applicable statute of limitations, whichever occurs later.

R.C. 2305.19(A).

{¶ 12} Thus, " '[i]n certain instances, [ R.C. 2305.19 ] operates to save timely filed actions by permitting a party to refile its complaint or file a new action * * *' within one year of a failure otherwise than on the merits." Vaught v. Pollack , 8th Dist. Cuyahoga No. 103819, 2016-Ohio-4963, 2016 WL 3763136, ¶ 12, quoting Allegretti v. York , 8th Dist. Cuyahoga No. 101231, 2014-Ohio-4480, 2014 WL 5089073, ¶ 15. A voluntary dismissal pursuant to Civ.R. 41(A)(1) constitutes a failure otherwise than on the merits within the meaning of the savings statute. Frysinger v. Leech , 32 Ohio St.3d 38, 512 N.E.2d 337 (1987), paragraph two of the syllabus; Ruch v. Ohio Dept. of Transp. , 10th Dist. Franklin No. 03AP-1070, 2004-Ohio-6714, 2004 WL 2893150, ¶ 9.

{¶ 13} In this case, appellants do not dispute that the applicable statute of limitations period for their claims expired before the complaint was refiled on May 2, 2017.1

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Related

Ohio Bureau of Workers' Compensation v. McKinley
2011 Ohio 4432 (Ohio Supreme Court, 2011)
Volbers-Klarich v. Middletown Management, Inc.
2010 Ohio 2057 (Ohio Supreme Court, 2010)
Allegretti v. York
2014 Ohio 4480 (Ohio Court of Appeals, 2014)
Harris v. O'brien, Unpublished Decision (1-12-2006)
2006 Ohio 109 (Ohio Court of Appeals, 2006)
Ruch v. Ohio Dept. of Transp., Unpublished Decision (12-14-2004)
2004 Ohio 6714 (Ohio Court of Appeals, 2004)
Hughes v. Fed. Mogul Ignition Co., 06 Ca 27 (4-26-2007)
2007 Ohio 2021 (Ohio Court of Appeals, 2007)
Williams v. E. & L. Transport Co.
610 N.E.2d 491 (Ohio Court of Appeals, 1991)
Vaught v. Pollack
2016 Ohio 4963 (Ohio Court of Appeals, 2016)
Shue v. Ohio Dept. of Rehab. & Corr.
2017 Ohio 443 (Ohio Court of Appeals, 2017)
Frysinger v. Leech
512 N.E.2d 337 (Ohio Supreme Court, 1987)
LeRoy v. Allen, Yurasek & Merklin
2007 Ohio 3608 (Ohio Supreme Court, 2007)

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Bluebook (online)
114 N.E.3d 330, 2018 Ohio 2193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agaj-v-univ-hosps-health-sys-inc-ohctapp8cuyahog-2018.