RUTHER v. KAISER

No. 2011-0899.

134 Ohio St.3d 408 (2012)

2012-Ohio-5686

RUTHER, Appellee, v. KAISER ET AL., Appellants.

Supreme Court of Ohio.

Decided December 6, 2012.


Attorney(s) appearing for the Case

Santen & Hughes, John Holschuh , Brian O'Connor , and Sarah Tankersley , for appellee.

Arnold Todaro & Welch Co., L.P.A., John Welch , and Karen Clouse , for appellants.

Bricker & Eckler L.L.P., Anne Marie Sferra , and Bridget Purdue Riddell , urging reversal for amici curiae American Hospital Association, American Medical Association, American Osteopathic Association, Ohio Alliance for Civil Justice, Ohio Hospital Association, Ohio Osteopathic Association, and Ohio State Medical Association.

Tucker Ellis and Susan Audey , urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.

Michael DeWine , Attorney General, Alexandra Schimmer , Solicitor General, and Michael Hendershot , Chief Deputy Solicitor, urging reversal for amicus curiae state of Ohio.

Paul W. Flowers Co., L.P.A., and Paul Flowers , urging affirmance for amicus curiae Ohio Association for Justice.


LANZINGER, J.

{¶ 1} This appeal is an as-applied constitutional challenge to R.C. 2305.113(C), the statute of repose for medical claims. The Twelfth District Court of Appeals held that R.C. 2305.113(C), as applied to the facts of this case, violates the right-to-remedy clause of the Ohio Constitution, Article I, Section 16, relying in part upon Hardy v. VerMeulen, 32 Ohio St.3d 45, 47...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases