HERSHBERGER v. AKRON CITY HOSP.

No. 86-1544.

34 Ohio St. 3d 1 (1987)

HERSHBERGER ET AL., APPELLANTS, v. AKRON CITY HOSPITAL ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 9, 1987.


Attorney(s) appearing for the Case

Nukes & Perantinides Co., L.P.A., Paul G. Perantinides, Louise M. Mazur and James J. Gutbrod, for appellants.

Roetzel & Andress and Edward A. Digiantonio, for appellee Akron City Hospital.

Jacobson, Maynard, Tuschman & Kalur Co., L.P.A., Robert C. Maynard, Matthew P. Moriarty and Janis L. Small, for appellee Dr. Thomas M. Schlueter.

Hershey & Browne, David R. Wilson and Robert J. Burns, for appellee Dr. Michael E. Madaras.


HOLMES, J.

The narrow question presented upon appeal is whether appellants' complaint was filed in a timely fashion. We first consider the cause of action alleged by appellant Rickey Hershberger, and whether his claim was timely filed pursuant to R.C. 2305.11(A) and/or 2305.11(B). For the reasons which follow, we reverse the judgments below and remand this cause to the trial court for further proceedings in accordance herewith.

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