Vitantonio, Inc. v. Baxter

In Vitantonio, Inc. v. Baxter, 116 Ohio St.3d 195, 2007 Ohio 6052, 877 N.E.2d 663, the Ohio Supreme Court held "The saving statute R.C. 2305.19 applies to actions filed against a decedent's estate under R.C. 2117.12." Syllabus by the court. However, the original claim must be timely filed: "once a claim against an estate is timely filed pursuant to R.C. 2117.12, normal principles of statutory construction require that the saving statute applies." Vitantonio at paragraph 7, citing Allen v. McBride, 105 Ohio St.3d 21, 2004 Ohio 7112, 821 N.E.2d 1001 at paragraph 28. Although Vitantonio did not address the issue of whether the two month time limit for presenting a claim can be tolled, nevertheless the Supreme Court indicates an action on a claim must be pursued according to statute.