Unpublished Dispositionlelah Bates, Plaintiff-appellant, v. Loen Campbell, et al., Defendants-appellees, 900 F.2d 259 (6th Cir. 1990)

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U.S. Court of Appeals for the Sixth Circuit - 900 F.2d 259 (6th Cir. 1990) April 23, 1990

Before KEITH and KRUPANSKY, Circuit Judges, and ANNA DIGGS TAYLOR District Judge.* 


Plaintiff-appellant, Lelah Bates (Bates), has appealed, pro se, from the district court's order dismissing her personal injury claim against defendant-appellee, Loen Campbell (Campbell),1  concluding that the 2-year Ohio statute of limitations, O.R.C. Sec. 2305.10, had expired prior to the initiation of this lawsuit and thereby barring Bates's instant action. On appeal, Bates has claimed that either O.R.C. Sec. 2305.19 or O.R.C. Sec. 2305.15 has tolled the 2-year statute of limitations and therefore her complaint was timely filed.

Upon review of Bates's assignments of error, the record in its entirety, and the briefs of the parties, this court concludes that the district court properly dismissed Bates's complaint as barred by the statute of limitations for the reasons stated in the district court's opinion of July 28, 1988.


The Honorable Anna Diggs Taylor, United States District Judge for the Eastern District of Michigan, sitting by designation


Also named as a defendant-appellee was Sperry Corporation who later merged with another corporation to form Unysis Corporation. Sperry Corporation, who employed Campbell, was voluntarily dismissed from the instant action by Bates, pursuant to Fed. R. Civ. P. 41, and therefore is not party to the instant appeal