Opinion
2022-1042
10-19-2022
WEIDMAN v. HILDEBRANT
CASE ANNOUNCEMENTS
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issues as stated on page 3 of the court of appeals’ July 21, 2022 entry: "Does the discovery rule apply to libel actions where the publication of the defamatory statements was secretive, concealed, or otherwise unknowable such that the cause of action does not accrue until the plaintiff discovers, or by the exercise of reasonable diligence should have discovered, that he or she was injured by the wrongful conduct of the defendant? Where a derivative claim is premised upon the same allegations, does the discovery rule apply to that claim as well?" The conflict cases are Kienow v. Cincinnati Children's Hosp. Med. Ctr. , 1st Dist. Hamilton No. C-140720, 2015-Ohio-4396 ; Myles v. Johnson , 2d Dist. Montgomery No. 21600, 2007-Ohio-2963 ; Harvey v. Sys. Effect, L.L.C. , 2020-Ohio-1642, 154 N.E.3d 293 (2d Dist.) ; Talwar v. Kattan , 3d Dist. Allen No. 1-97-58, 1998 WL 151072 (Mar. 31, 1998) ; Spitzer v. Knapp , 5th Dist. Delaware No. 19 CAE 01 0006, 2019-Ohio-2701; Cramer v. Fairfield Med. Ctr. , 182 Ohio App.3d 653, 2009-Ohio-3338, 914 N.E.2d 447 (5th Dist.) ; Lewis v. Delaware Cty. Joint Vocational School Dist. , 161 Ohio App.3d 71, 2005-Ohio-2550, 829 N.E.2d 697 (5th Dist.) ; Wilson v. Gannett Co., Inc. , 7th Dist. Noble No. 19 NO 0470, 2020-Ohio-3643 ; Reed v. Jagnow , 7th Dist Mahoning No. 12 MA 201, 2013-Ohio-2546 ; Sabouri v. Ohio Dept. of Job & Family Servs. , 145 Ohio App.3d 651, 763 N.E.2d 1238 (10th Dist.2001) ; and Altier v. Valentic , 11th Dist. Geauga No. 2003-G-2521, 2004-Ohio-5641. Sua sponte, cause consolidated with 2022-0837, Weidman v. Hildebrant , and briefing in case Nos. 2022-0837 and 2022-1042 consolidated.
Fischer, J., dissents.
DeWine, J., not participating.