Opinion

Balyint v. Arkansas Best Freight System, Inc.

18 Ohio St. 3d 126
18 Ohio B. 188
480 N.E.2d 417
1985 Ohio LEXIS 400

Court: Ohio Supreme Court
Filed: Jul 10, 1985
Status: Published
Author: Holmes
On the bench: Brown, Celebrezze, Douglas, Holmes, Locher, Only, Sweeney, Syllabus, Wright
Cited by: 31 cases
Authority: More cited than 15.1%

The opinion

Holmes, J.,

dissenting. I strongly dissent herein based on the commentary set forth in my dissenting opinions in Blankenship v. Cincinnati Milacron Chemicals (1982), 69 Ohio St. 2d 608, 621 [ 23 O.O.3d 504 ]; Jones v. VIP Development Co. (1984), 15 Ohio St. 3d 90, 103 ; and Bradfield v. Stop-N-Go Foods, Inc. (1985), 17 Ohio St. 3d 58 .

A further reason for my dissent is that appellees’ sole remedy lies within R.C. 4123.90. Due to their failure to timely bring this action within the one-hundred-eighty-day period as provided in that provision, the trial *136 court was correct in dismissing appellees’ complaint. See Greenwalt v. Goodyear Tire & Rubber Co. (1955), 164 Ohio St. 1 [ 57 O.O. 57 ].

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