COLLINS v. SOTKA

No. 96-2127.

81 Ohio St.3d 506 (1998)

COLLINS, ADMR., APPELLANT, v. SOTKA; DUDICH, APPELLEE.

Supreme Court of Ohio.

Decided April 29, 1998.


Attorney(s) appearing for the Case

Les E. Rockmael, for appellant.

Williams & Sennett Co., L.P.A., Roger H. Williams, Louis R. Moliterno and Gina K. Desiderio, for appellee Dudich.


FRANCIS E. SWEENEY, SR., J.

In the context of a wrongful death action, we are asked to determine when the two-year statute of limitations begins to run. In answering this question, we must decide whether the statute of limitations runs from the date of death of the victim, or whether the discovery rule can be used to extend the statutory period in which to commence such an action. For the reasons that follow, we hold that the discovery rule is applicable.

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