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Butler v. Pasley6/3/1994
1992 amendment to R.C. 2305.11. The Johnson case, at 428, 2 OBR at 522, 442 N.E.2d at 770, in interpreting the statute, held "by its very terms, provides for `a written notice."'(Emphasis sic.) The statute now provides for "written notice" with no "a" or "the" included. Therefore, we conclude in cases such as the case sub judice, where premature notice is sent which has no effect on the one-year statute of limitations, that a timely second written notice extends the statute of limitations one hundred eighty days from that second notice.
The sole assignment of error is sustained.
The judgment of the Court of Common Pleas of Licking County, Ohio is hereby reversed, and the cause is remanded.
Judgment reversed and cause remanded.
WILLIAM B. HOFFMAN, P.J., and READER, J., concur.
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