Legal Opinion · Dissent

Shover v. Cordis Corp.

Ohio Supreme Court

Decided July 31, 1991No. 90-332Published

1DissentDouglas, J.

The syllabus law, and the discussion supporting that law, announced in today’s case, compel me to vigorously dissent. So that the impact of what the majority is saying in this case does not escape (not that it could) any interested and knowledgeable reader, I repeat herein the syllabus in its entirety.

The majority holds that “[njeither fraud nor the discovery rule can toll R.C. 2125.02(D), Ohio’s statute setting forth the time within which to commence wrongful death actions.” (Emphasis added.) It is difficult to conceive that the highest court of this state would place its judicial imprimatur…

2Cases cited32 opinions

  1. Urie v. ThompsonSupreme Court of the United States · 1949
  2. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  3. Burr v. Board of County CommissionersOhio Supreme Court · 1986
  4. Gaines v. Preterm-Cleveland, Inc.Ohio Supreme Court · 1987
  5. O'Stricker v. Jim Walter Corp.Ohio Supreme Court · 1983

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