Ramsey v. Neiman

In Ramsey v. Neiman, 69 Ohio St.3d 508, 1994 Ohio 359, 634 N.E.2d 211, the issue before the Ohio Supreme Court was "whether a wrongful death action may be brought under R.C. Chapter 2125 by a person who has not been appointed by a court to be the decedent's personal representative." Ramsey, 69 Ohio St.3d 508, 1994 Ohio 359, 634 N.E.2d 211. Under R.C. 2125.02(A)(1), an action for wrongful death must be brought in the name of the personal representative of the decedent. R.C. 2125.02(C), in turn, states that "a personal representative appointed in this state, with the consent of the court making the appointment and at any time before or after the commencement of an action for wrongful death, may settle with the defendant the amount to be paid." Relying upon the meaning of "personal representative" when R.C. Chapter 2125 was first enacted, and R.C. 2125.02(C), the supreme court held that "a cause of action in wrongful death arising under R.C. Chapter 2125 must be brought in the name of a person appointed by a court to be the administrator, executor, or personal representative of the decedent's estate." Id. at 512.