Summary
In Gates v. Precision Post Co., 74 Ohio St.3d 439, 439 (1996), the Supreme Court of Ohio held that the "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...."
Summary of this case from Taynor v. General MotorsOpinion
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.
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."
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 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.