[DOWNLOAD] "Mesker v. U. S. Gypsum Co." by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Mesker v. U. S. Gypsum Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 29, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Before: MERRITT and KENNEDY, Circuit Judges; UNTHANK, District Judge.* Order Catherine Mesker, Executrix of the Estate of James Mesker, deceased, appeals from the judgment of the District Court dismissing her complaint on the basis that ""the within survivor's action for bodily injury was not commenced within two years after the cause of action arose."" Ohio Rev. Code § 2305.10. Mrs. Mesker filed a motion for reconsideration urging that her complaint is sufficient to state a cause of action for wrongful death as well. Ohio Rev. Code § 2125.01. Although the motion was not timely the District Court ruled upon the motion and denied it. Appellant's notice of appeal, timely filed after the judgment of dismissal, is not affected by the untimely motion for reconsideration. Rule 4(a)(4), Fed. R. App. P.