In the case of White v. Bowling Green State Univ., 2021-Ohio-4069, the Tenth District Court of Appeals held that the trial court did not err in granting the University’s motion to dismiss after the claim was brought outside of the two-year statute of limitations.
Here, a former coach brought a breach of contract action against the University, alleging that the University failed to pay the coach any salary or benefits due under the coach’s employment contract after being terminated. The University moved to dismiss the complaint, arguing that it was filed outside of the two-year statute of limitations. The trial court granted the motion to dismiss.
The Court of Appeals reasoned that the University was correct that the claim was brought outside of the statute of limitations. The Court further reasoned that the statute of limitations period began to run when the University stopped paying the former coach and the former coach allegedly suffered damages. As such, the Complaint was not timely and the trial court was proper in granting the University’s motion to dismiss.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.