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BARTLEY v. HEARTH & CARE OF GREENFIELD, LLC

No. 12CA13.

2013 Ohio 279

ELIZABETH BARLEY, ET AL., Plaintiffs-Appellants, v. HEARTH AND CARE OF GREENFIELD, LLC, Defendant-Appellee.

Court of Appeals of Ohio, Fourth District, Highland County.

Released: January 28, 2013.

Attorney(s) appearing for the Case

Conrad A. Curren and Carol Ann Curren , Greenfield, Ohio, for appellants.

Danny Merril Newman Jr. and Michael M. Mahon , Reminger Co. LPA, Cincinnati, Ohio, for appellee.

DECISION AND JUDGMENT ENTRY

HARSHA, J.

{¶1} The appellants appeal the trial court's decision to dismiss their complaint after finding that it was a "medical claim" and time barred by the one-year statute of limitations. They allege that their action is not a "medical claim," but rather one for personal injury based on a violation of nursing home resident's rights under R.C. 3721.13, and therefore not subject to the one-year statute of limitations...

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