Can An Amendment Be Applied Retroactively Without Indication from the General Assembly to Do So ?
In ComTech Systems, Inc. v. Limbach (1991), 59 Ohio St. 3d 96, 102, 570 N.E.2d 1089, the Ohio Supreme Court was asked by the appellant to read an amendment as a clarification of prior law, and to apply it to appellant's situation so that appellant might take advantage of the amendment, which had come into effect after the cause of action had accrued.
The Supreme Court did, in fact, read the amendment as a clarification of existing law.
Nevertheless, because there was no indication by the General Assembly that it was to be applied retroactively, the court held that the amendment applied only prospectively. ComTech, 59 Ohio St. 3d at 102.