Gadway v. Univ. of Toledo

Citations

• 2025 Ohio 1983

Syllabus

CIV.R. 12(B)(6) — MOTION TO DISMISS — WRONGFUL DEATH — STATUTE OF LIMITATIONS — DISCOVERY RULE — EQUITABLE ESTOPPEL — EQUITABLE TOLLING: The Court of Claims of Ohio did not err in dismissing plaintiff's wrongful death complaint against a state university because it was filed more than two years after decedent's death and plaintiff failed to meet her burden of pleading facts establishing the discovery rule, equitable tolling, or equitable estoppel should have applied as an exception to the university's statute-of-limitations defense. Judgment affirmed.