Trial Practice Cases: Voluntary Dismissal

(Supreme Court)

Click on the case name to read the decision on the Ohio Supreme Court's web site. Decisions which adopt the decision of a lower court or Magistrate, or which decide a case based on a previous decision, are excluded.

Fowee v. Wesley Hall, Inc. (4/19/06)

Savings statute requires complaint to be refiled within one year of dismissal where employee has dismissed complaint in an employer appeal to court under R.C. 4123.512.

Vote: 5-0, 2 concur in judgment only
Opinion by: Per Curiam

Kaiser v. Ameritemps, Inc. (2/10/99)

An injured worker can voluntarily dismiss a complaint, as provided for by Ohio Civil Rule 41(A)(1)(a), even if the case involves an employer's appeal from an Industrial Commission decision allowing a claim.

Vote: 4-3
Opinion by: Justice Sweeney

Robinson v. B.O.C. Group, Gen. Motors Corp. (4/8/98)

Injured worker can dismiss complaint (pursuant to Civil Rule 41(A)(2)) in case arising from employer's filing of notice of appeal under R.C. 4123.512.

Vote: 5-2
Opinion by: Justice Resnick

Thorton v. Montville Plastics & Rubber, Inc. (2/5/09)

Provisions of 2006 amendments applying to injured worker's ability to dismiss employer appeal apply prospectively, not retroactively; effective date of 2006 amendments was August 25, 2006.

Vote: 5-2
Opinion by: O'Connor