Schmitz v. National Collegiate Athletic Ass’n

At issue in this case was when Appellees’ claims for negligence, constructive fraud, and fraudulent concealment accrued and whether they were time-barred.Appellees were the Estate of Steven Schmitz and Yvette Smith, individually and as fiduciary of the Estate. Steven died before age sixty after being diagnosed with chronic traumatic encephalopathy, a degenerative brain disease, and dementia. Appellees alleged that Steven’s diagnoses were caused, aggravated, and/or magnified by repetitive head impacts Steven sustained while playing football for the University of Notre Dame du Lac. The trial court dismissed the claims pursuant to Ohio R. Civ. P. 12(B)(6). The Supreme Court affirmed the Eighth District’s judgment reversing the dismissal of Appellees’ claims for negligence, constructive fraud, and fraudulent concealment, holding (1) Rule 12(B)(6) did not warrant the dismissal of Appellees’ claims because the amended complaint did not show conclusively that the claims were time-barred; and (2) Appellees’ fraud-related claims were subject to the same two-year statute of limitations contained in Ohio Rev. Coe 2305.10(A) as Appellees’ negligence claim. View "Schmitz v. National Collegiate Athletic Ass’n" on Justia Law