Legal Opinion

Weaver v. Edwin Shaw Hospital

Ohio Supreme Court

Decided December 15, 2004No. Nos. 2003-1055 and 2003-1145PublishedCited by 38 opinions

1Opinion of the CourtO’Donnell, J.

{¶ 1} The central issue presented to us on this appeal concerns whether the disabilities of minority or unsound mind as referred to in R.C. 2305.16 can be removed only by attaining the age of majority or being declared of sound mind, or, in addition, whether they can also be removed by the appointment of a legal guardian. For the following reasons, we conclude that the appointment of a legal guardian for a person within the age of minority or of unsound mind does not remove the disabilities referred to in R.C. 2305.16 and, therefore, does not commence the running of the statute of limitations.

2Cases cited22 opinions

  1. Young v. Key Pharmaceuticals, Inc.Washington Supreme Court · 1989
  2. McCarthy v. Volkswagen of America, Inc.New York Court of Appeals · 1982
  3. Wachendorf v. ShaverOhio Supreme Court · 1948
  4. Carter v. Division of WaterOhio Supreme Court · 1946
  5. Henry v. City of New YorkNew York Court of Appeals · 1999

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3Cited by38 opinions

  1. Abels Ex Rel. Hunt v. Genie Industries, Inc.Tennessee Supreme Court · 2006
  2. Boley v. Goodyear Tire & Rubber Co.Ohio Supreme Court · 2010
  3. State Ex Rel. Carna v. Teays Valley Local School District Board of EducationOhio Supreme Court · 2012
  4. State v. BuehlerOhio Supreme Court · 2007
  5. New Riegel Local School Dist. Bd. of Edn. v. Buehrer Group Architecture & Eng., Inc. (Slip Opinion)Ohio Supreme Court · 2019

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