Brown v. Lavery

Baird, Presiding Judge.

This cause comes before the court upon the appeal of James W. Brown from an order in the Medina County Court of Common Pleas granting summary judgment to Cindy Lavery, because Brown failed to bring his personal injury claim within the two-year statute of limitations, R.C. 2305.10. The trial court held that the statute of limitations was tolled once, pursuant to R.C. 2305.15, but declined to acknowledge Lavery’s second absence from the state of Ohio.

In December 1989, Cindy Lavery, a junior in high school, operated a motor vehicle which hit a patch of ice, traveled left…