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Statute of Limitations Tolled While Defendant Out-of-State on Vacation
Description The Ohio high court held that the two-year statute of limitations for personal injury actions was tolled while the defendant was out-of-state on vacation. This is not a burden on interstate commerce, which would be the case for business defendants who are out-of-state on business.
Topic Court Procedure
Key Words Statute of Limitations; Tolling
C A S E   S U M M A R Y
Facts Johnson sued Rhodes for damages for injuries resulting from an automobile accident that occurred on May 5, 1995. Suit was filed on May 7, 1997. Rhodes asserted that the suit was barred by the statute of limitations, which is two years for such actions. Johnson asserted that the statute was extended by the ten days during those two years that Rhodes was gone from Ohio on vacation. The trial court held for the defendants and dismissed the suit. The appeals court affirmed the decision. Johnson appealed.
Decision Reversed. The statute of limitations was tolled for the time during which the defendant temporarily left Ohio on vacation. The tolling of statutes of limitation during interstate travel is not an unconstitutional burden on interstate commerce. This tolling applies to individuals who leave the state for non-business reasons, such as a vacation, and does not apply to businesses, which could otherwise face tolling that may never end. The case will proceed.
Citation Johnson v. Rhodes, 733 N.E.2d 1132 (Sup. Ct., Ohio, 2000)

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