MARTIN v. PFEIFFER, 79 Ohio St.3d 310 (1997)

681 N.E.2d 434

MARTIN, APPELLANT, v. PFEIFFER, ADMR., BUREAU OF WORKERS’ COMPENSATION, ET AL.; DELPHI CHASSIS DIVISION, F.K.A. DELCO MORAIN DIVISION, GENERAL MOTORS CORPORATION, APPELLEE.

No. 96-2396Supreme Court of Ohio.Submitted June 25, 1997 —
Decided July 30, 1997.

APPEAL from the Court of Appeals for Montgomery County, No. CA 15778.

Stewart Jaffy Associates Co., L.P.A., Stewart R. Jaffy an Marc J. Jaffy, for appellant.

Crew, Buchanan Lowe, Joseph P. Buchanan and James G. Neary, for appellee.

The judgment of the court of appeals is reversed, and the cause is remanded to that court to apply Lewis v. Trimble (1997), 79 Ohio St.3d 231, 680 N.E.2d 1207.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.

LUNDBERG STRATTON, J., dissents.

LUNDBERG STRATTON, J., dissenting.

I respectfully dissent from the reversal based on Lewis v. Trimble (1997), 79 Ohio St.3d 231, 680 N.E.2d 1207. Factually, this case is quite different and the evidence is quite clear that the plaintiff “knew or should have known” of her depression claim back in 1990. Therefore, the test

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laid out in Lewis has been met and plaintiff is barred by the statute of limitations from presenting her claim.