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2012 Ohio 4287
Ohio Ct. App.
2012
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Background

  • McDougal sues the Foundation for tortious interference with expectancy of inheritance; issue is accrual under the four-year statute of limitations.
  • R.C. 2305.09(C) imposes a four-year limitation period for fraud-based claims and accrues when the plaintiff discovers or should have discovered the fraud.
  • McDougal’s aunt Helen Vecchio died in 1992; he expected an inheritance through her estate/trust.
  • Memorandum dated February 27, 1992 outlined Helen’s estate plan; McDougal learned in 1992 he would not receive an inheritance.
  • In 1992–1991 documents showed the trust and foundation structure; McDougal did not pursue review of the documents at that time.
  • In 2003, McDougal removed boxes containing estate documents from his mother’s house, and in 2009 he reviewed them and alleged forgery/undue influence; suit filed January 3, 2011.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
When did accrual begin for the fraud claim? McDougal argues accrual began in 2009 upon discovery. Foundation argues accrual occurred in 1992 or no later than 2003 due to lack of reasonable diligence. Accrual occurred no later than 2003; action time-barred.

Key Cases Cited

  • Firestone v. Galbreath, 67 Ohio St.3d 87 (Ohio 1993) (establishes elements of fraud-based tort; discovery rule for limitations)
  • Investors REIT One v. Jacobs, 46 Ohio St.3d 176 (Ohio 1989) (discovery rule starts when misrepresentation is discovered or should be discovered)
  • Cline v. Cline, 2007-Ohio-1391 (7th Dist. No. 05 CA 822, 2007) (discovery rule not available where plaintiff could have discovered the basis of injury through neglect)
  • Craggett v. Adell Ins. Agency, 92 Ohio App.3d 443 (8th Dist. 1993) (reasonable opportunity to discover misrepresentation starts the limitations period)
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Case Details

Case Name: McDougal v. Vecchio
Court Name: Ohio Court of Appeals
Date Published: Sep 20, 2012
Citations: 2012 Ohio 4287; 98003
Docket Number: 98003
Court Abbreviation: Ohio Ct. App.
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