Opinion
2005-0734.
June 29, 2005.
Shelby App. No. 17-04-10, 2005-Ohio-960.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 4 of the court of appeals' Journal Entry filed April 19, 2005:
"Where a complaint alleges with considerable particularity that due to recently discovered efforts of the church to conceal its involvement, the victim of sexual abuse by a priest did not until recently have sufficient knowledge to apprise him of independent claims against the church, are those allegations subject to a Civ.R. 12(B) dismissal on the basis that under Doe v. First United Methodist Church (1994), 68 Ohio St.3d 531, 629 N.E.2d 402, notice of sexual abuse by a priest constitutes appraisal of the possibility of any other independent claims against the church as a matter of law, so that all relevant statutes of limitations against both the priest and the church are triggered by the sexual abuse?"
The conflict case is Cramer v. Archdiocese of Cincinnati, 158 Ohio App.3d 110, 2004-Ohio-3891, 814 N.E.2d 97. Sua sponte, cause consolidated with 20050-702, Doe v. Archdiocese of Cincinnati, Shelby App. No. 17-04-10, 2005-Ohio-9-60.