Legal Memorandum: Summary Judgment in OH

Issue: Under Ohio law, when may summary judgment be granted on the basis of the statute of limitations?

The statute of limitations is an affirmative defense for which a defendant bears the burden of production at trial.  Evans v. Southern Ohio Med. Ctr., 103 Ohio App. 3d 250, 255, 659 N.E.2d 326, 329 (4th Dist. 1995).  In such cases, unless the defendant as moving party has produced such conclusive evidence that reasonable minds can come to but one conclusion, summary judgment may not be entered against the plaintiff even if the plaintiff offers no evidence in opposition.  See Evans, 103 Ohio App. 3d at 255, 659 N.E.2d at 329; cf. Combs v. Children’s Med. Ctr., Inc., No. CA95-12-217 (12th Dist. July 29, 1996) (unless reasonable minds can come to but one conclusion as to the when the cause of action accrued, the question is for the trier of fact and summary judgment must be denied).

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