Added: March 01, 2007

On February 8, 2006 the Ohio Supreme Court took the case of Fehrenbach v. O'Malley, 108 Ohio St. 3d 1434; 2006 Ohio 421.

The Court will look at the following issue:

Whether the provisions of R.C. 2305.16, which toll a statute of limitations for a minor child's negligence claim, inure to the benefit of parents bringing derivative claims for loss of consortium and medical expenses by also tolling the statute of limitations for those claims.

In Fehrenbach v. O’Malley, 164 Ohio App.3d 180, the First Appellate District (Hamilton County, Ohio) held that “the limitations period for a parent's derivative claim is tolled during the child's minority. Although other Ohio districts have held otherwise, the Court of Appeals of Ohio, First Appellate District, Hamilton County, remains convinced of Loudin's soundness and adheres to its holding.”

The Fehrenbach Court following the prior Hamilton County, Ohio ruling in Loudin v. Mills (May 12, 2000), 1st Dist. No. C-990569, 2000 Ohio App. LEXIS 2006. For your consideration I have enclosed a copy of ruling taking jurisdiction by the Ohio Supreme Court, the relevant portion of Fehrenbach and the Loudin decision, along with Butler v. Harper, 2002 Ohio 5029; 2002 Ohio App. LEXIS 5074, one of the cases that the Ohio Supreme Court found was in conflict with Fehrenbach.

The ruling by the Ohio Supreme Court could have a significant effect regarding the manner in which parents and minors must prosecute their respective claims, i.e. derivative, claims for medical expenses and personal injury.

Oral arguments were held on November 14, 2006. A decision has not yet been rendered by the Court.