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AKERS v. ALONZO

No. 91-1947.

65 Ohio St.3d 422 (1992)

AKERS ET AL., APPELLEES AND CROSS-APPELLANTS, v. ALONZO ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided December 11, 1992.

Attorney(s) appearing for the Case

Ochsenbein, Cole & Lewis and Richard M. Lewis, for appellees and cross-appellants.

Jacobson, Maynard, Tuschman & Kalur Co. L.P.A., Karen L. Clouse and William A. Davis, for appellants and cross-appellees.

SWEENEY, J.

The determinative issue in this cause is whether plaintiffs' action against Dr. de Lamerens was timely filed pursuant to R.C. 2305.11 and controlling precedents. For the reasons that follow, we answer this issue in the affirmative, thereby affirming the judgment of the court of appeals below.

With respect to the issue on appeal, defendants contend that under Hershberger v. Akron City Hosp. (1987), 34 Ohio St.3d 1

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