Popovich v. Southern Park Pontiac & Subaru, Inc.

I concur with the majority’s finding that appellant’s claim was untimely filed and was thus barred by the statute of limitations. However, I write separately to express my doubts as to the lead opinion’s rationale excusing Allstate from liability for failure to certify the actual mileage on the odometer.

The action herein was dismissed on a summary judgment motion rendered in Allstate’s favor. The standard for reviewing a summary judgment motion is as follows:

“A reviewing court must follow the standard set forth in Civ.R. 56(C) when it reviews a summary judgment. Civ.R. 56(C) provides that a…