Stewart v. Haughton Elevator Co.

Although I concur in the overruling of the second assignment of error, as to the first assignment of error, being unable to concur in the conclusions reached by the majority I must respectfully dissent. R.C. 2305.131 is not unconstitutional as applied to the facts of this case and there is an issue at least in part factual not addressed by the majority. There is a dispute as to whether the injury occurred nineteen months (as contended by defendants) or seven months (as contended by plaintiffs) prior to the expiration of the repose period.

Regardless of which is correct, R.C. 2305.131 is not…