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Martin, Appellant, v. Pfeiffer, Admr., Bureau of Workers Compensation, et al.; Delphi Chassis Division, f.k.a. Delco Morain Division, General Motors Corporation, Appellee

Supreme Court of Ohio1997-07-30No. No. 96-2396
79 Ohio St. 3d 310

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

dissent opinion

Lundberg Stratton, J.,

dissenting. I respectfully dissent from the reversal based on Lewis v. Trimble (1997), 79 Ohio St.3d 231, 680 N.E.2d 1207. Factually, this case is quite different and the evidence is quite clear that the plaintiff “knew or should have known” of her depression claim back in 1990. Therefore, the test laid out in Lewis has been met and plaintiff is barred by the statute of limitations from presenting her claim.

majority opinion

The judgment of the court of appeals is reversed, and the cause is remanded to that court to apply Lewis v. Trimble (1997), 79 Ohio St.3d 231, 680 N.E.2d 1207. Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur.

Lundberg Stratton, J., dissents.