Braxton v. Peerless Premier Appliance, Unpublished Decision (6-5-2003)

JOURNAL ENTRY AND OPINION.

I

{¶ 1} In this appeal, we must determine whether the discovery rule applies so as to toll the two-year statute of limitations where, as here, a plaintiff suffered an immediate injury from the explosion of his brand-new stove. Because the plaintiff's injuries occurred immediately, we hold that the discovery rule does not apply and that his claim began to accrue as soon as the injury occurred. The trial court's grants of summary judgment in favor of the defendants-appellees, based on the plaintiff's failure to timely bring his action, are affirmed.

II

{¶ 2} The relevant…