Ruther v. Kaiser

{¶ 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, 512 N.E.2d 626 (1987). For reasons that follow, we overrule Hardy and reverse the judgment of the Twelfth District Court of Appeals.

I. Background

{¶ 2} R.C. 2305.113(C) sets a four-year statute of repose for…