Johnson v. Randall Smith, Inc.

{¶ 30} I respectfully dissent from the opinion of the majority.

{¶ 31} As stated by the majority, the legislature did not expressly provide for the retroactive application of the statute and, therefore, R.C. 2317.43 is to be applied prospectively. The question remains, however, whether the statute, which was not enacted at the time of Dr. Smith’s conduct but was in effect at the time the complaint was filed, is applicable to the instant case. The majority focuses on when the statements of Smith were made. Thus, the majority concludes that since the conduct occurred in 2001, the statements…