Ohio Supreme Court, 1997

Martin v. Pfeiffer

Martin v. Pfeiffer
Ohio Supreme Court · Decided July 30, 1997 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
79 Ohio St. 3d 310; 681 N.E.2d 434

Martin v. Pfeiffer

Opinion of the Court

The judgment of the court of appeals is reversed, and the cause is remanded to that court to apply Lewis v. Trimble (1997), 79 Ohio St.3d 231, 680 N.E.2d 1207.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur. Lundberg Stratton, J., dissents.

Dissenting Opinion

Lundberg Stratton, J.,

dissenting. I respectfully dissent from the reversal based on Lewis v. Trimble (1997), 79 Ohio St.3d 231, 680 N.E.2d 1207. Factually, this case is quite different and the evidence is quite clear that the plaintiff “knew or should have known” of her depression claim back in 1990. Therefore, the test *311laid out in Lewis has been met and plaintiff is barred by the statute of limitations from presenting her claim.

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