Marshall v. Ortega

The majority declares that the legislative intent of R.C. 2305.11(B) is “to afford malpractice claimants with the maximum amount of time in which to investigate their claims.” If this statement were true, there would be no statute of limitations. After all, a statute of limitations by its very nature limits the amount of time for litigants to investigate their claims prior to filing.

We are to construe statutes of limitations broadly so that cases may be decided on their merits. See Gregory v. Flowers (1972), 32 Ohio St.2d 48, 61 O.O.2d 295, 290 N.E.2d 181, paragraph one of the syllabus; R.C.…