Edens v. Barberton Area Family Practice Center

I respectfully dissent. As pointed out in a very objective fashion in the majority opinion, there are strong, and I believe compelling, policy reasons in support of designating the date of mailing as opposed to the date of receipt as the effective notice date in this context. It should be stressed that the law should be, wherever possible, both predictable and evenhanded. If one uses the mailing date, we have a date certain since, of course, it would be that date which would be easily ascertainable and provable in all cases. The result here may be a trap for the unwary plaintiff. The…