Safe Auto Insurance v. Linehan, Unpublished Decision (6-15-2000)

ACCELERATED DOCKET JOURNAL ENTRY AND OPINION

In this accelerated appeal, Appellants Safe Auto Insurance Company and Michael Williams appeal a decision by the trial court dismissing their property damage action against Appellee Paul Linehan as barred by the statute of limitations. Safe Auto and Williams assign the following error for our review:

THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY GRANTING DEFENDANT'S MOTION TO DISMISS BASED UPON THE STATUTE OF LIMITATIONS WITHOUT AFFORDING PLAINTIFF AN OPPORTUNITY TO SHOW DEFENDANT WAS OUT OF THE STATE PURSUANT TO O.R.C. § 2305.15.

Having reviewed the…