Middleton v. Erie Ins.
Citations
- 2022 Ohio 2486
Syllabus
Judgment affirmed. The trial court did not err by applying the the two-year statute of limitations period under R.C. 2305.10(A) to appellant's personal injury claim because she did not demonstrate that the tolling provision under R.C. 2305.16 applied. The Ohio Victim's Rights statute, R.C. 2930.01 et seq., did not apply to appellant's civil personal injury case. Appellee was not precluded from orally moving to dismiss the case, nor was it required to assert its affirmative defense based on the statute of limitations in an answer, as the case was litigated in small claims court.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- sanctioning ratification when “the Government seeks and receives the benefits from an otherwise unauthorized contract”
- rejecting a dismissal of claims since “Plaintiffs complaint is framed as a breach of contract action, not a negligence or intentional tort action”
- exercising Tucker Act jurisdiction over breach of contract claims by confidential informants
- declining to grant summary judgment in case where an assistant special agent in charge of the drug enforcement administration promised an undercover informant a commission because special agent may have implied actual authority to contract on behalf of government
- complaint alleging that the “United States breached its contract with the Plaintiff when it failed its duty to maintain the secrecy of the Plaintiffs identity, a failure which was the result of careless agents of the DOJ who disclosed the identity of the Plaintiff’
Source: CourtListener parenthetical corpus (CC0).
Judges: Mentel
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