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Harry Partis v. Miller Equipment Co., Inc., and North & Judd Manufacturing Co., and R. H. Buhrke Co., Inc.

Harry PARTIS, Plaintiff-Appellant, v. MILLER EQUIPMENT CO., Inc., and North & Judd Manufacturing Co., and R. H. Buhrke Co., Inc., Defendants-Appellees

Partis v. Miller Equip. Co., 439 F.2d 262 (6th Cir. 1971)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
March 5, 1971
Docket
No. 20601
Judges
Edwards, McCree, Kent
Citations
439 F.2d 26232 Ohio Misc. 25759 Ohio Op. 2d 231971 U.S. App. LEXIS 11516

Opinion — Per Curiam

PER CURIAM.

This action arises out of an accident which occurred on October 9, 1964, when plaintiff-appellant was seriously injured. On October 4, 1966 complaint was filed *263 against Miller Equipment Co., Inc., (Miller) which allegedly sold, to plaintiff-appellant’s employer, the safety belt which plaintiff-appellant claims was defective. More than three years after the filing of the original complaint an amended complaint was filed naming North & Judd Manufacturing Co., (North & Judd), and R. H. Buhrke Co., Inc., (Buhrke), as defendants. Defendants-appellees North & Judd and Buhrke filed motions to dismiss relying upon the two-year statute of limitations, § 2305.10, Ohio Revised Code. The plaintiff-appellant relies upon the provisions of Ohio law which “toll” the statute of limitations when a defendant is absent from the state, § 2305.15, Ohio Revised Code.

In a well-reasoned memorandum opinion District Judge Girard E. Kalbfleisch recognized the distinction drawn by the Ohio Supreme Court between an individual defendant absent from the state who was served with process more than two years after the cause of action arose, Couts v. Rose, 152 Ohio St. 458 , 90 N.E.2d 139 ; Chamberlain v. Lowe, 252 F.2d 563 (C.A. 6, 1958), and a foreign corporation not present in the state, Thompson v. Horvath, 10 Ohio St.2d 247 , 227 N.E.2d 225 .

This Court has the same difficulty as did the District Judge in distinguishing the difference between a nonresident motorist who is not entitled to rely upon the statute of limitations, though amenable to process because service may be obtained upon the Secretary of State, § 2703.20 O.R.C., and a non-domesticated foreign corporation which is amenable to service of process under the “long-arm statute,” § 2307.382 O.R.C. and § 2307.-383 O.R.C. Despite the difficulty of reconciling the cases relating to individual defendants and corporate defendants we are satisfied, as was the District Judge, that this case is controlled by Thompson v. Horvath, supra, and should be affirmed on the memorandum opinion of the District Judge.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1972: 11973: 11975: 21978: 21980: 11986: 119722026peak 1975 · 2

Most recent

  1. Barile v. University of Virginia507 N.E.2d 448 (Ohio Ct. App. 1986)
  2. Velmohos v. Maren Engineering Corp.416 A.2d 372 (N.J. 1980)
  3. Carl Thomas Rauch, III v. Day and Night Manufacturing Corporation576 F.2d 697 (6th Cir. 1978)
  4. Cohn v. G. D. Searle & Co.447 F. Supp. 903 (D.N.J. 1978)
  5. Dayco Corporation v. Goodyear Tire & Rubber Company, Dayco Corporation v. Firestone Tire & Rubber Company523 F.2d 389 (6th Cir. 1975)
  6. Tasby v. Peek396 F. Supp. 952 (W.D. Ark. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Thompson v. Horvath, 227 N.E.2d 225 (Ohio 1967) 9
Couts v. Rose, 90 N.E.2d 139 (Ohio 1950) 72
Chamberlain v. Lowe, 252 F.2d 563 (6th Cir. 1958) 10

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