Stewart v. Kennedy

1994 Ohio 184

• Court: Ohio Supreme Court
• Decided: October 11, 1994
• Docket: 1993-2055
• Status: Published

Opinion

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Smith et al., Appellants, v. Rudler, Appellee. [Cite as Smith v. Rudler (1994), Ohio St.3d .] Statutes of limitations -- Discovery rule applied to toll statute of limitations where victim of childhood sexual abuse represses memories of that abuse until a later time. (No. 93-2055 -- Submitted August 31, 1994 -- Decided September 28, 1994.) Appeal from the Court of Appeals for Ashtabula County, No. 92-A-1753.

Yulish, Twohig & Associates Co., L.P.A., and Jeffrey S. Watson, for appellants. Bobulsky & Grdina and Timothy J. Bohanowski, for appellee. Licata & Crosby Co., L.P.A., Louis J. Licata and Elizabeth A. Crosby, urging reversal for amicus curiae, Adult Support for Incest Survivors of Today.

The judgment of the court of appeals is reversed and the cause is remanded to the trial court for consideration and application of Ault v. Jasko (1994), 70 Ohio St.3d 114, N.E.2d . Moyer, C.J., A.W. Sweeney, Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Wright, J., dissents for the reasons stated in his dissenting opinion in Ault v. Jasko (1994), 70 Ohio St.3d 114, 637 N.E.2d 870.