application of the general rule (Ohio) · Go Syfert
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application of the general rule in Ohio

16 Ohio opinions name it 4 courts 1908–2026 4 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Wyler v. Tripigreen
ohio · 1971 · cited in 8 Ohio opinions naming this issue, 1983–2026
2 sentences

2026This is because “ ‘the application of the general rule “would lead to the unconscionable result that the injured party’s right to recovery can be barred by the statute of limitations before he is even aware of its existence.” ’ ” Weidman at ¶ 14, quoting O’Stricker at 87 , quoting Wyler v. Tripi, 25 Ohio St.2d 164, 168 (1971).

2025This is because “ ‘the application of the general rule “would lead to the unconscionable result that the injured party’s right to recovery can be barred by the statute of limitations before he is even aware of its existence.” ’ ” Weidman at ¶ 14, quoting O’Stricker at 87 , quoting Wyler v. Tripi, 25 Ohio St.2d 164, 168 (1971).

58
Oliver v. Kaiser Community Health Foundationgreen
ohio · 1983 · cited in 6 Ohio opinions naming this issue, 1998–2026
2 sentences

2007However, as the Ohio Supreme Court has explained, the discovery rule applies where “ ‘the application of the general rule that a cause of action exists from the time the negligent act was committed would lead to the unconscionable result that the injured party’s right to recovery can be barred by the statute of limitations before he is even aware of its existence.’ ” Oliver, 5 Ohio St.3d at 113 , 5 OBR 247, 449 N.E.2d 438 , quoting Wyler v. Tripi (1971), 25 Ohio St.2d 164, 168 , 54 O.O.2d 283 , 267 N.E.2d 419 . {¶ 20} Accordingly, we decline to adopt a rule establishing death as a per se cogni

2007However, as the Ohio Supreme Court has explained, the discovery rule applies where “ ‘the application of the general rule that a cause of action exists from the time the negligent act was committed would lead to the unconscionable result that the injured party’s right to recovery can be barred by the statute of limitations before he is even aware of its existence.’ ” Oliver, 5 Ohio St.3d at 113 , 5 OBR 247, 449 N.E.2d 438 , quoting Wyler v. Tripi (1971), 25 Ohio St.2d 164, 168 , 54 O.O.2d 283 , 267 N.E.2d 419 . {¶ 20} Accordingly, we decline to adopt a rule establishing death as a per se cogni

36
Weidman v. Hildebrandtgreen
ohio · 2024 · cited in 2 Ohio opinions naming this issue, 2025–2026
2 sentences

2026This is because “ ‘the application of the general rule “would lead to the unconscionable result that the injured party’s right to recovery can be barred by the statute of limitations before he is even aware of its existence.” ’ ” Weidman at ¶ 14, quoting O’Stricker at 87 , quoting Wyler v. Tripi, 25 Ohio St.2d 164, 168 (1971).

2025This is because “ ‘the application of the general rule “would lead to the unconscionable result that the injured party’s right to recovery can be barred by the statute of limitations before he is even aware of its existence.” ’ ” Weidman at ¶ 14, quoting O’Stricker at 87 , quoting Wyler v. Tripi, 25 Ohio St.2d 164, 168 (1971).

22
O'Stricker v. Jim Walter Corp.green
ohio · 1983 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024We reached that conclusion because “the application of the general rule ‘would lead to the unconscionable result that the injured party’s right to recovery can be barred by the statute of limitations before he is even aware of its existence.’” O’Stricker at 87, quoting Wyler v. Tripi, 25 Ohio St.2d 164 , 168 (1971).

11
Newport News Shipbuilding & Dry Dock Co. v. Equal Employment Opportunity Commissiongreen
scotus · 1983 · cited in 1 Ohio opinions naming this issue, 2010–2010
2 sentences

2010Opportunity Comm. (1983), 462 U.S. 669, 678 , 103 S.Ct. 2622 , 77 L.Ed. 2d 89, fn. 14 (“ ‘The meaning of the first clause is not limited by the specific language in the second clause, which explains the application of the general principle to 6 January Term, 2010 women employees’ ”).

2010Opportunity Comm. (1983), 462 U.S. 669, 678 , 103 S.Ct. 2622 , 77 L.Ed. 2d 89, fn. 14 (“ ‘The meaning of the first clause is not limited by the specific language in the second clause, which explains the application of the general principle to 6 January Term, 2010 women employees’ ”).

11
Stivison v. Goodyear Tire & Rubber Co.green
ohio · 1997 · cited in 1 Ohio opinions naming this issue, 2008–2008
1 sentence

2008See Stivinson v. Goodyear Tire Rubber Co . (1997), 80 Ohio St. 3d 498 , 687 N.E.2d 458 . {¶ 24} While it is true that a fight was involved in this case, a mere fight does not automatically invite the application of the general rule that injuries sustained in a fight are not compensable.

11
Tuck v. United Statesgreen
dc · 1984 · cited in 1 Ohio opinions naming this issue, 1998–1998
1 sentence

1998The court reasoned: Although the exigency in the present case involved the protection of animal life rather than human life, we believe that the "public interest" in the preservation of life in general and in the prevention of cruelty to animals in particular "requires some flexibility in the application of the general rule that a valid search warrant is a prerequisite for a search." Id. at 1120 (citations excluded), quoting Arkansas v. Sanders (1979), 442 U.S. 753 , 759 , 99 S.Ct. 2586 , 2590 .

11
Finley v. Duffygreen
ohioctapp · 1950 · cited in 1 Ohio opinions naming this issue, 1967–1967
1 sentence

1967See Finley v. Duffy, 88 Ohio App. 159 ; Hennekes v. Maupin, 119 Ohio App. 9 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Liddell v. SCA Services of Ohio, Inc. green
ohio · 1994
1 sentence

2006However, in situations such as the case at bar, the application of the general rule `would lead to the unconscionable result that the injured party's right to recovery can be barred by the statute of limitations before he is even aware of its existence.'" Id. at 87 , quoting Wyler v. Tripi (1971), 25 Ohio St.2d 164 , 168 , 54 O.O.2d 283 , 267 N.E.2d 419 , overruled on other grounds by Oliver v. Kaiser Community Health Found. (1983), 5 Ohio St.3d 111 , 5 OBR 247, 449 N.E.2d 438 , at syllabus. {¶ 36} The O'Stricker court noted the rationale underlying all statutes of limitations: To ensure fairn

12006–2006
Arkansas v. Sanders red
scotus · 1979
2 sentences

1998The court reasoned: Although the exigency in the present case involved the protection of animal life rather than human life, we believe that the "public interest" in the preservation of life in general and in the prevention of cruelty to animals in particular "requires some flexibility in the application of the general rule that a valid search warrant is a prerequisite for a search." Id. at 1120 (citations excluded), quoting Arkansas v. Sanders (1979), 442 U.S. 753 , 759 , 99 S.Ct. 2586 , 2590 .

1998The court reasoned: Although the exigency in the present case involved the protection of animal life rather than human life, we believe that the "public interest" in the preservation of life in general and in the prevention of cruelty to animals in particular "requires some flexibility in the application of the general rule that a valid search warrant is a prerequisite for a search." Id. at 1120 (citations excluded), quoting Arkansas v. Sanders (1979), 442 U.S. 753 , 759 , 99 S.Ct. 2586 , 2590 .

11998–1998
Clark v. Hawkes Hospital green
ohio · 1984
1 sentence

1985Rather, it is “when a patient actually discovers or in the exercise of reasonable care should have discovered an injury which is the result of malpractice.” Clark v. Hawkes Hospital (1984), 9 Ohio St. 3d 182, 183 .

11985–1985
Hennekes v. Maupin neutral
ohioctapp · 1963
1 sentence

1967See Finley v. Duffy, 88 Ohio App. 159 ; Hennekes v. Maupin, 119 Ohio App. 9 .

11967–1967
Life Ass'n v. Winn neutral
tenn · 1896
1 sentence

1908The cases of Life Insurance Company v. Winn, 96 Tenn., 224 , where the declarations were offered by the beneficiary himself; Nix v. Donovan, 18 N. Y.

11908–1908

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2305.09 (5) OH § Ohio Rev. Code § 2305.113 (4) OH § Ohio Rev. Code § 2125.02 (3) OH § Ohio Rev. Code § 2305.10 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 69 (1892–2025) TX 38 (1906–2022) PA 38 (1853–2018) UT 36 (1924–2024) NY 34 (1838–2025) IL 33 (1881–2022) AL 27 (1877–2025) MO 23 (1889–2004) MA 22 (1877–2025) MD 21 (1907–2002) TN 18 (1917–2000) OH 16 (1908–2026) LA 13 (1911–2009) FL 12 (1920–2021) IN 12 (1878–2019) GA 11 (1909–2007) CT 11 (1859–2014) OR 10 (1881–2015) WA 10 (1910–2026) HI 9 (1905–2024) NJ 9 (1949–2004) NC 9 (1903–2011) WV 8 (1891–1997) OK 8 (1926–2021) MN 7 (1908–1979) AZ 7 (1959–2013) VT 7 (1858–1930) MI 7 (1902–2013) KY 7 (1916–2012) CO 6 (1873–2025) NM 6 (1912–2022) IA 5 (1893–2012) SC 4 (1909–1967) ME 4 (1884–1979) DE 4 (1929–1968) NE 4 (1895–1975) DC 4 (1980–2014) AR 4 (1920–1926) WI 4 (1928–1997) NH 4 (1872–1985) AK 3 (1991–1998) ND 3 (1965–1979) MT 3 (1932–2015) KS 3 (1904–1957) VA 3 (1916–1991) WY 2 (1954–1965) SD 2 (1945–1959) ID 2 (1904–1909)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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