Wilson v. Durrani

Decision Date02 March 2021
Docket Number2019-1560
Citation163 N.E.3d 580 (Table),161 Ohio St.3d 1453
Parties WILSON v. DURRANI
CourtOhio Supreme Court

CASE ANNOUNCEMENT

RECONSIDERATION OF PRIOR DECISION

Reported at ___ Ohio St.3d ___, 2020-Ohio-6827, ___ N.E.3d ___. On motion for reconsideration. Motion granted in part. Cause remanded to the court of appeals solely to consider whether the repose period was tolled under R.C. 2305.15(A). Request of amicus curiae Kathleen McCarthy that decision be applied prospectively only denied.

Donnelly, Stewart, and Brunner, JJ., would grant the motion in full.

O'Connor, C.J., and Klatt, J., dissent and would deny the motion for reconsideration.

W. Scott Gwin, J., of the Fifth District Court of Appeals, sitting for Fischer, J.

William A. Klatt, J., of the Tenth District Court of Appeals, sitting for DeWine, J.

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7 cases
  • Davis v. Mercy St. Vincent Med. Ctr.
    • United States
    • Ohio Court of Appeals
    • April 15, 2022
    ..., 164 Ohio St.3d 419, 2020-Ohio-6827, 173 N.E.3d 448, ¶ 38, reconsideration granted on an issue not raised here , 161 Ohio St.3d 1453, 2021-Ohio-534, 163 N.E.3d 580.{¶ 73} Appellants’ August 15, 2018 complaint alleges: (1) the medical negligence of the defendants arose from a medical proced......
  • Kennedy v. W. Reserve Senior Care
    • United States
    • Ohio Court of Appeals
    • January 30, 2023
    ... ... repose, R.C. 2305.113(C). The trial court denied the motions ... based on a First District case, Wilson v. Durrani, ... 2019-Ohio-3880, 145 N.E.3d 1071 (1st Dist.) ("Wilson ... I"), which held that the savings statute, R.C ... 2305.19, if ... ...
  • Ewing v. UC Health
    • United States
    • Ohio Court of Appeals
    • July 27, 2022
    ...for prospective-only application when it ruled on the motion for reconsideration of [ Wilson ]." Id ., citing Wilson v. Durrani , 161 Ohio St.3d 1453, 2021-Ohio-534, 163 N.E.3d 580 (granting motion for reconsideration in part and denying request that decision be applied prospectively only).......
  • Elliot v. Durrani
    • United States
    • Ohio Supreme Court
    • December 6, 2022
    ...the cause to the court of appeals "solely to consider whether the repose period was tolled under R.C. 2305.15(A)." Wilson v. Durrani, 161 Ohio St.3d 1453, 2021-Ohio-534, 163 N.E.3d 580. 3 {¶ 7} Before issuing its decision on remand in Wilson, the First District rendered its decision in this......
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