Legal Opinion

Baxley v. Harley-Davidson Motor Co.

Ohio Court of Appeals

Decided July 20, 2007No. C-060917PublishedCited by 4 opinions

1Opinion of the Court

Mark P. Painter, Presiding Judge.

{¶ 1} Plaintiff-appellant, Charles Baxley, appeals the trial court’s judgment dismissing his case against defendant-appellee Harley-Davidson Motor Company, Inc. The trial court held that Baxley’s complaint was barred by the two-year statute of limitations governing products-liability claims. 1 Baxley raises a single assignment of error: he claims that the “discovery rule” applied and that his complaint was therefore timely. But the discovery rule was inapplicable here. We affirm the trial court’s judgment.

{¶2} We review a dismissal under Civ.R. 12(b)(6) de…

2Cases cited6 opinions

  1. O'Brien v. University Community Tenants Union, Inc.Ohio Supreme Court · 1975
  2. Mitchell v. Lawson Milk Co.Ohio Supreme Court · 1988
  3. O'Stricker v. Jim Walter Corp.Ohio Supreme Court · 1983
  4. Flowers v. WalkerOhio Supreme Court · 1992
  5. Battersby v. Avatar, Inc.Ohio Court of Appeals · 2004

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Grimme v. Twin Valley Community Local School District Board of EducationOhio Court of Appeals · 2007
  2. Carter v. Medtronic, Inc.District Court, S.D. Ohio · 2020
  3. Jessica Gehner v. Cook Medical, LLCCourt of Appeals for the Seventh Circuit · 2024
  4. RIEDER v. ASTRAZENECA PHARMACEUTICALS LPDistrict Court, D. New Jersey · 2022

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