Ohio Supreme Court, 1989

SSD Distribution System, Inc. v. General Motors Corp.

Ohio Supreme Court · Decided June 14, 1989 · Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright

43 Ohio St. 3d 173; 539 N.E.2d 1121; 1989 Ohio LEXIS 105

Opinion of the Court

*174On authority of Cincinnati Bell Tel. Co. v. Straley (1988), 40 Ohio St. 3d 372, 533 N.E. 2d 764, we hold that an employer may not recover damages against a third party whose negligence caused an employee’s injury absent a legal relationship based upon- contract or warranty between the employer and the third party.

We decline to exercise our discretion under Rule XVI to address questions one and two at this time, absent a showing that there is a need to do so.

Moyer, C.J., Sweeney, Douglas, H. Brown and Resnick, JJ., concur. Wright, J., dissents. Holmes, J., not participating.

Dissenting Opinion

Wright, J.,

dissenting. I dissent for the reasons given in Justice Holmes’ dissenting opinion in Cincinnati Bell Tel. Co. v. Straley (1988), 40 Ohio St. 3d 372, 382-384, 533 N.E. 2d 764, 773-775.

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