Hershberger v. Akron City Hospital

The narrow question presented upon appeal is whether appellants’ complaint was filed in a timely fashion. We first consider the cause of action alleged by appellant Rickey Hershberger, and whether his claim was timely filed pursuant to R.C. 2305.11(A) and/or 2305.11(B). For the reasons which follow, we reverse the judgments below and remand this cause to the trial court for further proceedings in accordance herewith.

I

Recently this court decided the cases of Hardy v. VerMeulen (1987), 32 Ohio St. 3d 45, 512 N.E. 2d 626, and Gaines v. Preterm-Cleveland, Inc. (1987), 33 Ohio St. 3d 54, 514 N.E.…