Lundy v. Lederle Laboratories, Division of American Cyanamid Co.

Plaintiffs, Roy Lee Lundy and his wife Janet Lundy, appeal from the Franklin County Court of Common Pleas, which dismissed their complaint upon grounds of the statute of limitations. They raise a single assignment of error as follows:

“The trial court erred in dismissing the complaint on the grounds that this action is time-barred by R.C. 2305.11(A).”

For the reasons that follow, we affirm in part and reverse in part.

Because this appeal concerns the propriety of the trial court’s ruling on a Civ. R. 12(B)(6) motion to dismiss, we accept the factual allegations of plaintiffs’ complaint as true.…