· 10/15/1878
Heard v. Dubuque County Bank
Citations
- 8 Neb. 10
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the four-year statute of repose “as applied to bar the claims of medical malpractice plaintiffs who did not know or could not reasonably have known of their injuries, violates the right-to-a-remedy provision of ... the Ohio Constitution”
- examining solely whether the plaintiff had a remedy at the time he discovered his injury without an inquiry into the reasonableness of the statute
- four-year statute of repose, as applied to medical malpractice claims, violates the right-to-a-remedy provision of the Ohio Constitution
- four-year statute of repose, as applied to medical malpractice claims, violates the right-to-a-remedy provision of the Ohio Constitution
- Medical malpractice statute violated due process clause because it extinguished plaintiffs’ cause of action before he could reasonably have discovered his injury
- statute violates right-to-a-remedy provision of Ohio Constitution with respect to plaintiffs who did not know or could not reasonably have known of their injuries
Source: CourtListener parenthetical corpus (CC0).
Judges: Cobb
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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