The Bullet Point: An Ohio Commercial Law Bulletin
Statute of Repose
Wilson v. Durrani, Slip Opinion No. 2020-Ohio-6827
In this appeal, the Supreme Court of Ohio reversed the lower court’s decision, determining that the plaintiffs’ claims were time-barred because Ohio’s saving statute does not create an exception to a true statute of repose.
The Bullet Point: Statutes of limitations establish a time limit for bringing a lawsuit based on the date when the plaintiff’s claim accrued. Statutes of repose bar an action that is brought after a specified period of time since the defendant acted, regardless of whether or not the plaintiff has yet to be injured by the defendant’s actions. Simply stated, both statutes of limitations and statutes of repose limit the period of time in which a plaintiff may file an action. On the other hand, saving statutes extend that period of time. Under Ohio’s saving statute, a plaintiff is afforded a limited period of time in which to refile a