Aetna Casualty & Surety Co. v. Hensgen

Per Curiam *

Defendant contends first that plaintiff seeks to hold defendant liable for the negligence of defendant’s employee Benvie, that Benvie is dead and any liability of his estate is barred by “the statute of limitations” (apparently R. C. 2117.06, 2117.07 and 2117.37, sometimes referred to as the nonclaim statutes), and that therefore plaintiff cannot recover from defendant.

For the purposes of this opinion and since no party has contended otherwise, we will assume that, if legal proceedings against Benvie’s estate by Lovett or his subrogee are barred by a statute of limitations, an…