# Balyint v. Arkansas Best Freight System, Inc.

> Ohio Supreme Court · July 10, 1985 · 18 Ohio St. 3d 126

URL: https://www.frixlaw.com/law-library/cases/6758892

## Case

- **Full name:** Balyint v. Arkansas Best Freight System, Inc.
- **Court:** Ohio Supreme Court
- **Decided:** July 10, 1985
- **Citations:** 18 Ohio St. 3d 126; 18 Ohio B. 188; 480 N.E.2d 417; 1985 Ohio LEXIS 400
- **Precedential status:** Published
- **Opinion:** Dissent by Holmes
- **Judges:** Brown, Celebrezze, Douglas, Holmes, Locher, Only, Sweeney, Syllabus, Wright
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6758892

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6758892. Public record. Not legal advice.