Legal Opinion · Dissent

Cox v. Ohio Department of Transportation

Ohio Supreme Court

Decided August 12, 1981No. Nos. 80-1328, 80-1458 and 80-1491Published

1DissentClifford F. Brown, J.

In No. 80-1328, the Cox case, the cause of action arose January 26,1978, and the legal action was commenced in the Court of Claims within a two-year period on January 25, 1980. I disagree with this court’s determination that the 180-day filing requirement or notice in lieu thereof within such period as provided in R. C. 2743.16(A) subject to non-compliance upon good cause shown as provided in R. C. 2743.16(D) is the equivalent of a “conventional statute of limitations” and “[a]bsent a showing of notice and good cause* * *, a plaintiff filing a claim after the 180-day period expired would be…

2Cases cited13 opinions

  1. Mills v. Whitehouse Trucking Co.Ohio Supreme Court · 1974
  2. Kilbreath v. RudyOhio Supreme Court · 1968
  3. Smith v. New York Central Rd.Ohio Supreme Court · 1930
  4. State, Ex Rel. v. Indus. Comm.Ohio Supreme Court · 1937
  5. Van Meter v. Segal-Schadel Co.Ohio Supreme Court · 1966

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