Adams v. Sherk

I enthusiastically concur in the judgment of the court holding that retroactive application of R.C. 2305.11(B) would totally destroy an accrued- substantive right. Under the facts of this case, were appellant required to file her case either within one year of the effective date of the statute or within four years of the act of malpractice, she would be denied a reasonable time in which to file her claim, since the foreign object in her body was discovered long after those dates had passed.

I concur in the decision of the court, but take exception to language in the opinion approving the…