Legal Opinion

Keaton Co. v. Kolby

Ohio Supreme Court

Decided July 14, 1971No. Nos. 70-402 and 70-543PublishedCited by 34 opinions

1Opinion of the CourtO’Neill, C. J.

The appeals in these two cases present the same legal question and, therefore, are being considered together. That question is: When does the statute of limitations begin to run in an action against an attorney for malpractice?

The statute of limitations for malpractice actions, R. C. 2305.11, reads in pertinent part:

“An action for * * * malpractice * * * shall be brought within one year after the cause thereof accrued * *

In cases involving physicians, the rule, as expressed in Wyler v. Tripi (1971), 25 Ohio St. 2d 164, is as follows:

“Under R. C. 2305.11, a cause of action for medical…

2Cases cited3 opinions

  1. Wyler v. TripiOhio Supreme Court · 1971
  2. Galloway v. HoodOhio Court of Appeals · 1941
  3. McWilliams v. HackettOhio Court of Appeals · 1923

3Cited by34 opinions

  1. Omni-Food & Fashion, Inc. v. SmithOhio Supreme Court · 1988
  2. Clutter v. Johns-Manville Sales Corp.Court of Appeals for the Sixth Circuit · 1981
  3. Muir v. Hadler Real Estate Management Co.Ohio Court of Appeals · 1982
  4. Beal Bank, SSB v. Arter & Hadden, LLPCalifornia Supreme Court · 2007
  5. Weisberg v. Williams, Connolly & CalifanoDistrict of Columbia Court of Appeals · 1978

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