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FRYSINGER v. LEECH

No. 86-593.

32 Ohio St. 3d 38 (1987)

FRYSINGER, APPELLANT, v. LEECH, APPELLEE.

Supreme Court of Ohio.

Decided August 12, 1987.

Attorney(s) appearing for the Case

Carl G. McMahon and Rodney M. Arthur, for appellant.

Gooding, Evans & Huffman, Lawrence S. Huffman and Matthew C. Huffman, for appellee.

MARKUS, J.

The physician contends: (1) a malpractice action accrues upon the patient's discovery of the malpractice injury, despite the later termination of the professional relationship, and (2) a Civ. R. 41(A)(1) dismissal precludes a plaintiff's reliance on R.C. 2305.19 to eliminate the limitations bar. We reject both those contentions, reverse the dismissal judgment, and remand the cause for further proceedings.

I

R.C. 2305.11(A) established...

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