Agaj v. Univ. Hosps. Health Sys., Inc.
Agaj v. Univ. Hosps. Health Sys., Inc.
Opinion of the Court
{¶ 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. ,
{¶ 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,
{¶ 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.
{¶ 14} In their brief in opposition to UH's motion to dismiss, the appellants attached an affidavit from a paralegal who was employed by appellants' counsel. In the affidavit, the paralegal averred that on or about April 27, 2017, she was working on appellants' complaint when she became ill and went home for the day. The paralegal claimed that she attempted to file the complaint with the trial court from home, but "was unable to enter the court's e-filing system." Therefore, the paralegal did not file the complaint until she returned to the office on May 2, 2017.
{¶ 15} Appellants submit that the circumstances that prevented counsel from refiling the complaint within the one-year time period set forth in R.C. 2305.19 amounted to excusable neglect as defined by the Ohio Civil Rules of Procedure. In support of their position, appellants cite Civ.R. 6(B)(2) and 60(B), procedural rules that excuse a party's failure to act in a timely manner under certain circumstances if the party can establish excusable neglect. Civ.R. 6(B) provides that if a civil rule specifies a time limit for any act, a court can still allow the act after the expiration of the stated time period, where the failure to act in a timely manner was the result of excusable neglect. Civ. R. 60(B) applies to motions for relief from judgment and provides for the use of excusable neglect as a basis for a time extension when a party so moves the court.
{¶ 16} After careful consideration, we adopt holdings from other appellate districts that have rejected similar arguments and hold that the exceptions for excusable neglect under Civ.R. 6 and 60(B) are not applicable to R.C. 2305.19. See Williams v. E. & L. Transp. Co. ,
{¶ 17} Although appellants attempt to show, through the paralegal's affidavit, that the failure to comply with the savings statute amounted to excusable neglect because it was not done intentionally, this is not the type of mistake the civil rules contemplate. Harris v. O'Brien , 8th Dist. Cuyahoga Nos. 86218 and 86323,
{¶ 18} Based on the foregoing, we find the trial court did not err by granting UH's motion to dismiss for failure to state a claim. Appellants' complaint was not timely refiled under the one-year savings statute because the refiling date, May 2, 2017, was more than one year after the voluntary dismissal of their original complaint filed on April 27, 2016.
{¶ 19} Appellants' sole assignment of error is overruled.
{¶ 20} Judgment affirmed.
MELODY J. STEWART, J., and PATRICIA ANN BLACKMON, J., CONCUR
Pursuant to R.C. 2305.113(A), "an action upon a medical * * * claim shall be commenced within one year after the cause of action accrued."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.