Opinion

Jim Brown Chevrolet, Inc. v. S.R. Snodgrass, A.C.

  • 141 Ohio App. 3d 583
  • 752 N.E.2d 337
Court
Ohio Court of Appeals
Filed
Mar 26, 2001
Status
Published
Author
Grendell
On the bench
Ford, Nader, Grendell
Cited by
10 cases
Authority
More cited than 42.8%

explaining the termination rule and refusing to apply it to claims for accountant negligence

How later courts described this case

  • explaining the termination rule and refusing to apply it to claims for accountant negligence

Written by the judges who cited it.

The opinion

Grendell, Judge,

concurring.

The majority opinion in

Investors REIT One v. Jacobs

(1989), 46 Ohio St.3d 176 , 546 N.E.2d 206 , mandates concurrence with the majority’s decision in this case. However, the concurring and dissenting opinion of Justice A. William Sweeney in

Investors REIT

is more compelling and would lead to a more equitable rule of law in accountant malpractice cases.

Treating one group (here, accountants) more favorably than other groups (physicians, attorneys, etc.) makes no sense and is against the equal protection provision of the Fourteenth Amendment, United States Constitution, and Article I, Section 2 of the Ohio Constitution.

The “court’s essential role [is] in ensuring that cases be decided both fairly and equitably.”

Investors REIT, supra,

at 183, 546 N.E.2d at 213 (A.W. Sweeney, J., concurring in part and dissenting in part). Unfortunately, this court is not in a position where it can redress this inequity because of

Investors REIT.

Such redress can come only from a reconsideration of this statute-of-limitations issue by the Ohio Supreme Court or statutory modification by the Ohio legislature. Both such actions are strongly urged.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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