Opinion
No. 87-985
Decided March 16, 1988.
Medical malpractice — Statutes of limitations — Accrual date of cause of action — Remand to trial court for determination of Hershberger factors.
APPEAL from the Court of Appeals for Franklin County.
Lou A. D'Apolito and Mary Ann Fabrizi, for appellees Virginia and Raymond Sikora.
Anthony J. Celebrezze, Jr., attorney general, and Susan M. Sullivan, for appellant.
The judgment of the Court of Appeals for Franklin County (case No. 86AP-852), holding that it was improper to dismiss the within cause pursuant to Civ. R. 12(B)(6), is affirmed for the reasons stated by the court of appeals not inconsistent with those given in our opinion in Hershberger v. Akron City Hosp. (1987), 34 Ohio St.3d 1, 516 N.E.2d 204. We remand this cause to the trial court for further consideration of the accrual date of the cause of action.
MOYER, C.J., SWEENEY, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.