Vostack v. Axt

OPINION AND ORDER

KINNEARY, District Judge.

Before the Court is defendants’ motion for summary judgment in this medical malpractice case involving the administration of radiation overdosages to the plaintiff, Wilma Vostack. Mrs. Vostack filed this action more than three years after the cause of action accrued, but she relies on Ohio’s “savings clause,” § 2305.15, Ohio Revised Code, 1 to toll the running of the statute of limitations. The gravamen of the defendants’ motion challenges the constitutionality of Ohio’s savings clause. In ruling on defendants’ motion, the Court will construe the…