Opinion

Children's Hospital v. Ohio Department of Public Welfare

  • 69 Ohio St. 2d 523
  • 433 N.E.2d 187
Court
Ohio Supreme Court
Filed
Mar 3, 1982
Status
Published
Author
Holmes
On the bench
Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney
Cited by
75 cases

holding that savings statute does not apply when parties in original action differ from those in new action

How later courts described this case

  • holding that savings statute does not apply when parties in original action differ from those in new action
  • savings statute can only be invoked when original action and new action are substantially the same; actions are not substantially the same where parties in the new action and the original action are different
  • “Ordinarily, a cause of action does not accrue until actual damage occurs.... [The] cause of action for recovery of amounts wrongfully withheld, therefore, did not accrue until the money was actually withheld .... ” (citation omitted)
  • “The savings statute applies when the original suit and the new action 16 OHIO FIRST DISTRICT COURT OF APPEALS are substantially the same.”

Written by the judges who cited it.

The opinion

Holmes, J.,

concurring. I concur in the judgment. However, I do so on the basis of my belief that R. C. 2305.19 does not apply to actions brought in the Court of Claims. Rather, these are controlled solely by R. C. 2743.16.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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