Legal Opinion

Love v. City of Port Clinton

Ohio Supreme Court

Decided June 8, 1988No. 87-434PublishedCited by 136 opinions

1Opinion of the CourtH. Brown, J.

The issue is whether the action, as pled against Hickman, is barred by the statute of limitations for assault and battery claims. We find that it is.

When bodily injury results from negligence, the two-year statute of limitations, R.C. 2305.10, is the appropriate statute of limitations. However, when bodily injury results from an assault or battery, the one-year statute of limitations, R.C. 2305.111, is applicable.2 Dean v. Angelas (1970), 24 Ohio *99St. 2d 99, 53 O.O. 2d 282, 264 N.E. 2d 911.

The complaint at bar alleges that Hickman “negligently and recklessly subdued and handcuffed * * *…

2Cases cited8 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. O'Brien v. University Community Tenants Union, Inc.Ohio Supreme Court · 1975
  3. Hambleton v. R.G. Barry Corp.Ohio Supreme Court · 1984
  4. Phung v. Waste Management, Inc.Ohio Supreme Court · 1986
  5. Andrianos v. Community Traction Co.Ohio Supreme Court · 1951

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3Cited by136 opinions

  1. the City of Watauga v. Russell GordonTexas Supreme Court · 2014
  2. Ronnie Harris v. United StatesCourt of Appeals for the Sixth Circuit · 2005
  3. Doe v. First United Methodist ChurchOhio Supreme Court · 1994
  4. Anderson v. St. Francis-St. George Hospital, Inc.Ohio Supreme Court · 1996
  5. Lutfi Saalim v. Walmart, Inc.Court of Appeals for the Sixth Circuit · 2024

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