Gates v. Precision Post Co.

Ohio Supreme Court

Gates v. Precision Post Co.

1996 Ohio 183, 74 Ohio St. 3d 439

CourtOhio Supreme Court

DecidedFebruary 7, 1996

Docket1994-2093

StatusPublished

This text of 1996 Ohio 183 (Gates v. Precision Post Co.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gates v. Precision Post Co., 1996 Ohio 183, 74 Ohio St. 3d 439 (Ohio 1996).

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[This opinion has been published in Ohio Official Reports at 74 Ohio St.3d 439.]

GATES, APPELLANT, v. PRECISION POST COMPANY; BLACK BROTHERS COMPANY ET AL., APPELLEES. [Cite as Gates v. Precision Post Co., 1996-Ohio-183.] Civil actions—Products liability—Causes of action brought pursuant to R.C. 2307.71 et seq. governed by two-year statute of limitations provided in R.C. 2305.10. (No. 94-2093—Submitted January 10, 1996—Decided February 7, 1996.) CERTIFIED by the Court of Appeals for Marion County, No. 9-94-21. __________________ Hofelich & King and John F. King, for appellant. Jones & Bahret Co., L.P.A., Willis P. Jones, Jr. and Peter C. Munger, for appellees. __________________ {¶ 1} The cause is before this court upon the certification of the court of appeals that its judgment conflicted with the judgment of the Court of Appeals for Cuyahoga County in McAuliffe v. W. States Import Co., Inc. (Dec. 16, 1993), Cuyahoga App. No. 65297, unreported, 1993 WL 527880, and with the judgment of the Court of Appeals for Monroe County in Byers v. Consol. Aluminum Corp. (Apr. 12, 1994), Monroe App. No. 716, unreported, 1994 WL 149880, upon the following question: “[W]hether the six year statute of limitations set forth in R.C. 2305.07 or the two-year statute of limitations set forth in R.C. 2305.10 governs personal injury claims arising from products liability statutes set forth in R.C. 2307.71 et seq.” {¶ 2} This court states that the two-year statute of limitations set forth in R.C. 2305.10 governs personal injury claims arising from products liability statutes set forth in R.C. 2307.71 et seq, and affirms the judgment of the court of appeals SUPREME COURT OF OHIO

on the authority of McAuliffe v. W. States Import Co., Inc. (1995), 72 Ohio St.3d 534, 651 N.E.2d 957. MOYER, C.J., WRIGHT, RESNICK, PFEIFER and COOK, JJ., concur. DOUGLAS and F.E. SWEENEY, JJ., dissent. __________________

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[This opinion has been published in Ohio Official Reports at 74 Ohio St.3d 439.]

GATES, APPELLANT, v. PRECISION POST COMPANY; BLACK BROTHERS COMPANY ET AL., APPELLEES. [Cite as Gates v. Precision Post Co., 1996-Ohio-183.] Civil actions—Products liability—Causes of action brought pursuant to R.C. 2307.71 et seq. governed by two-year statute of limitations provided in R.C. 2305.10. (No. 94-2093—Submitted January 10, 1996—Decided February 7, 1996.) CERTIFIED by the Court of Appeals for Marion County, No. 9-94-21. __________________ Hofelich & King and John F. King, for appellant. Jones & Bahret Co., L.P.A., Willis P. Jones, Jr. and Peter C. Munger, for appellees. __________________ {¶ 1} The cause is before this court upon the certification of the court of appeals that its judgment conflicted with the judgment of the Court of Appeals for Cuyahoga County in McAuliffe v. W. States Import Co., Inc. (Dec. 16, 1993), Cuyahoga App. No. 65297, unreported, 1993 WL 527880, and with the judgment of the Court of Appeals for Monroe County in Byers v. Consol. Aluminum Corp. (Apr. 12, 1994), Monroe App. No. 716, unreported, 1994 WL 149880, upon the following question: “[W]hether the six year statute of limitations set forth in R.C. 2305.07 or the two-year statute of limitations set forth in R.C. 2305.10 governs personal injury claims arising from products liability statutes set forth in R.C. 2307.71 et seq.” {¶ 2} This court states that the two-year statute of limitations set forth in R.C. 2305.10 governs personal injury claims arising from products liability statutes set forth in R.C. 2307.71 et seq, and affirms the judgment of the court of appeals SUPREME COURT OF OHIO

on the authority of McAuliffe v. W. States Import Co., Inc. (1995), 72 Ohio St.3d 534, 651 N.E.2d 957. MOYER, C.J., WRIGHT, RESNICK, PFEIFER and COOK, JJ., concur. DOUGLAS and F.E. SWEENEY, JJ., dissent. __________________

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