Reed v. Jagnow
2013 Ohio 2546
Ohio Ct. App.2013Background
- Reed filed a pro se defamation complaint in Mahoning County on Dec 3, 2010 against The Youngstown Vindicator and others over 2008 articles.
- Defendants answered and asserted statute of limitations as first defense; Civ.R. 12(C) motion for judgment on the pleadings filed Feb 2, 2011.
- Magistrate granted dismissal May 16, 2011 for time-bar; Reed failed to timely object within extended time and filed various non-pertinent post-dismissal motions.
- October 12, 2012 Trial court adopted magistrate’s dismissal and entered judgment; Reed appeals.
- Court held the complaint on its face showed a one-year defamation limitation period had run and tolling arguments failed; imprisonment did not toll the period; savings statutes did not save the claim.
- Pro se status and numerous procedural missteps by Reed did not excuse the deficiencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the defamation claim was tolled by savings statutes. | Reed argues RC 2305.19 tolls due to a ’’cease and desist’’ letter and a later federal suit. | Vandor argues the savings statute does not apply here and the letter was not properly relied upon. | No tolling; letter not in record; federal suit outside window; savings statute undeveloped. |
| Whether cross-jurisdictional tolling applies to save the action. | Reed relies on savings statute cross-jurisdictional tolling to revive in state court. | Howard doctrine forecloses cross-jurisdictional tolling outside class-action context. | Savings statute cross-jurisdictional tolling not applicable; claim time-barred. |
| Whether RC 2305.16 imprisonment tolling applies. | Imprisonment tolls defamation period under RC 2305.16. | Imprisonment tolling was abolished; not applicable. | Imprisonment tolling does not apply; statute not tolled by incarceration. |
| What is the accrual date and does discovery tolling apply? | Discovery rule could alter accrual date. | No discovery rule for defamation; accrual is publication date. | Accrual was publication in summer 2008; no discovery tolling; timely defenses. |
Key Cases Cited
- Howard v. Allen, 30 Ohio St.3d 130 (1990) (savings statute does not toll cross-jurisdictional actions except class actions)
- Vaccariello v. Smith & Nephew Richards, Inc., 94 Ohio St.3d 380 (2002) (class-action tolling exception; cross-jurisdictional tolling discussed)
- Gable v. Gates Mills, 103 Ohio St.3d 449 (2004) (plain-error and waived-claims analysis in civil appeals)
- Foster v. Wells Fargo Fin. Ohio, Inc., 195 Ohio App.3d 497 (2011-Ohio-4632) (defamation accrual and single-publication rule relevance)
- Lyons v. Farmers Ins. Group of Cos., 67 Ohio App.3d 448 (1990) (burden on defendant to plead statute of limitations; face-of-pleadings analysis)
- State v. Ishmail, 54 Ohio St.2d 402 (1978) (recording limits of development and review on appeal)