Ohio Justice Appears Convinced Refiled Crash Suit Must Be Tossed

An Ohio Supreme Court justice on Tuesday appeared convinced that a refiled lawsuit over a car-bike crash couldn’t survive because the first suit wasn’t litigated before the statute of limitations ran out.

Justice R. Patrick DeWine (R), who did almost all the questioning during 20 minutes of oral arguments, zeroed in on the present tense of Ohio’s savings law, which says a litigant may re-file their lawsuit after they drop the first one “is commenced or attempted to be commenced.” To him, that meant the original suit had to proceed before the required date.

The defendant in this case wasn’t ...