In addition to the causes of action which survive at common law, causes of action for mesne profits, or injuries to the person or property, or for deceit or fraud, also shall survive; and such actions may be brought notwithstanding the death of the person entitled or liable thereto.
Notes of Decisions
Cited in 105
cases (29 in the last 5 years), 1955–2026 · leading case: Jackson v. City of Cleveland, 219 F. Supp. 3d 639 (N.D. Ohio 2016).
Jackson v. City of Cleveland, 219 F. Supp. 3d 639 (N.D. Ohio 2016). · cites it 10דIn its June 30, 2016 Opinion and Order (ECF DKT # 82), the Court denied Plaintiff leave to add the Administrator of the Estates on the § 1983 and malicious prosecution claims because the injuries alleged were not physical injuries and the causes of action did not survive under…”
Kwame Ajamu v. City of Cleveland, 925 F.3d 793 (6th Cir. 2019). “Ohio Rev. Code § 2305.21. Plaintiffs argued before the district court that their claims fall within "injuries to the person," while Defendants argued that "injuries to the person" encompasses only physical injuries, and not the violation of rights alleged in this case.”
Whetstone v. Binner (Slip Opinion), 2016 Ohio 1006 (Ohio 2016). · cites it 2דPursuant to R.C. 2305.21, the right to punitive damages continues when an injured plaintiff has died and the plaintiff’s claim is pursued by a representative of his or her estate.”
Shinaver v. Szymanski, 471 N.E.2d 477 (Ohio 1984). · cites it 2דUnder the general survival statute, R.C. 2305.21, a victim’s right of action for personal injuries survives and passes to her personal representative, and may be instituted for the benefit of the estate, notwithstanding that death resulted from injuries for which an action could…”
Gillespie v. United States Steel Corp., 379 U.S. 148 (1964). · cites it 2ד[3] Ohio Rev. Code § 2305.21. [4] "The courts of appeals shall have jurisdiction of appeals from all final decisions of the district courts of the United States .”
Witcher v. City of Fairlawn, 680 N.E.2d 713 (Ohio Ct. App. 1996). · cites it 4דR.C. 2305.21 governs the survival of causes of action and provides: “In addition to the causes of action which survive at common law, causes of action for mesne profits, or injuries to the person or property, or for deceit or fraud, also shall survive; and such actions may be…”
Wingrove v. Forshey, 230 F. Supp. 2d 808 (S.D. Ohio 2002). · cites it 4דOhio Rev.Code § 2305.21. As they do with respect to the wrongful death claim, the Defendants assert that the survivorship statute does not create an independent cause of action, but only preserves claims and identification of parties liable for damages if such liability is…”
State ex rel. Tubbs Jones v. Suster, 701 N.E.2d 1002 (Ohio 1998). “Equally persuasive is the fact that there is nothing within the section of the Revised Code governing survival of actions, R.C. 2305.21, that specifically supports a finding that a cause of action for wrongful imprisonment survives the death of the individual who had been…”
Keith Crabbs v. Zach Scott, 880 F.3d 292 (6th Cir. 2018). “Ohio Rev. Code § 2305.21. The question, then, is whether Keith’s lawsuit amounts to a “caúse[ ] of action for .”
Vill. of Oakwood v. Makar, 463 N.E.2d 61 (Ohio Ct. App. 1983). · cites it 2דR.C. 2305.21 determines those causes of action that survive.”
Peters v. Columbus Steel Castings Co., 873 N.E.2d 1258 (Ohio 2007). “02(A)(1) *137 with R.C. 2305.21. “Except as provided in this division, a civil action for wrongful death shall be brought in the name of the personal representative of the decedent for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent *…”
Bowman v. Parma Bd. of Educ., 542 N.E.2d 663 (Ohio Ct. App. 1988). · cites it 3דAppellant maintains that the contract claims are causes of action which survive at common law and may be brought consistently with R.C. 2305.21, 12 notwithstanding the death of Phillip Gine-baugh.”
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