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LIDDY v. SMOLE

No. 77-15.

56 Ohio App. 2d 205 (1978)

LIDDY, APPELLANT, v. SMOLE ET AL., APPELLEES.

Court of Appeals of Ohio, Shelby County.

Decided March 15, 1978.

Attorney(s) appearing for the Case

Messrs. McCulloch, Felger, File & Gutmann, Mr. J. Patrick Liddy and Mr. Thomas J. Buecker, for appellant.

Garmhausen, Kerrigan, Elsass, Lewis & Co., LPA., Ms. Carroll V. Lewis, and Mr. James R. Shenk, for appellees.

MCBRIDE, J.

More than one year after the incident in question, the plaintiff brought this action against the parents of Dan Smole, a minor, alleging a willful and malicious assault by Dan Smole and requesting damages under R. C. 3109.10. The trial court sustained a summary judgment for the defendant based upon the one year statute of limitations for assault in R. C. 2305.11.

The single assignment of error is the granting of the summary judgment...

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