2013 Ohio 1107
Ohio Ct. App.2013Background
- Ward sued Graue in Clermont County for personal injuries from a 2009 Ohio accident; Graue was a Kentucky resident driving for UPS at the time.
- Ward filed the action on January 14, 2011, which was eight days after the Ohio two-year statute of limitations expired.
- Graue moved to dismiss under Civ.R. 12(B)(6) before remand; the trial court granted the motion, which this court later reversed and remanded.
- On remand, Graue moved for summary judgment arguing R.C. 2305.15(A) could not constitutionally toll the limitations period for an out-of-state defendant.
- The trial court again held R.C. 2305.15(A) unconstitutional as applied to Graue, a nonresident whose employment in Ohio involved interstate commerce.
- Ward appeals, challenging whether the tolling provision can be constitutionally applied to Graue and, more broadly, the reach of Bendix and related authorities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2305.15(A) tolling can be constitutionally applied to Graue | Ward argues tolling saves the claim | Graue argues tolling violates Commerce Clause | Unconstitutional as applied to Graue |
| Whether Bendix controls tolling for Graue as a nonresident | Ward relies on Bendix to permit tolling | Graue contends Bendix does not apply to nonresidents | Bendix applies; tolling unconstitutional as applied to Graue |
| Whether Turek v. Hogan controls or is distinguishable | Ward cites Turek to support tolling | Graue argues Turek is distinguishable and not controlling | Distinguished; Turek not controlling in this case |
Key Cases Cited
- Bendix Autolite Corp. v. Midwesco Enterprises, Inc., 486 U.S. 888 (U.S. Supreme Court 1988) (Commerce Clause tolling burden; tolling impermissible for out-of-state defendants)