McManus v. Belcher

Ohio Supreme Court
McManus v. Belcher, 1995 Ohio 123 (Ohio 1995)
73 Ohio St. 3d 106

McManus v. Belcher

Opinion

[This opinion has been published in Ohio Official Reports at 73 Ohio St.3d 106.]

MCMANUS, GUARDIAN, ET AL., APPELLANTS AND CROSS-APPELLEES, v. BELCHER, D.B.A. SHORELAND AUTO CARE, APPELLEE; CHRYSLER CORPORATION, APPELLEE AND CROSS-APPELLANT. [Cite as McManus v. Belcher, 1995-Ohio-123.] Appeal—Guardians—R.C. 2305.16—Tolling of statute of limitations—Appeal dismissed as improvidently allowed—Products liability claims for bodily injury governed by two-year statute of limitations period in R.C. 2305.10 and not by six-year statute of limitations period in R.C. 2305.07. No. 95-380—Submitted June 6, 1995—Decided August 16, 1995.) APPEAL and CROSS-APPEAL from the Court of Appeals for Lucas County, No. L-94-032. __________________ Cubbon & Associates Co., L.P.A., Robert J. Bahret and David L. Rice, for appellants and cross-appellees. Jones & Bahret Co., L.P.A., and Peter C. Munger, for appellee Garry D. Belcher, d.b.a. Shoreland Auto Care. Thompson, Hine & Flory, Stephen H. Daniels and Mark N. Rose, for appellee Coltec Industries, Inc. Crabbe, Brown, Jones, Potts & Schmidt and Charles E. Brown, for appellee and cross-appellant Chrysler Corporation. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed. The judgment of the court of appeals as to the issue raised on cross-appeal is reversed, and the judgment of the trial court as to cross-appellant Chrysler Corporation is reinstated on the authority of McAuliffe v. W. States Import Co., Inc. (1995), 72 Ohio St.3d 534, 651 N.E.2d 957. SUPREME COURT OF OHIO

MOYER, C.J., WRIGHT, PFEIFER and COOK, JJ., concur. F.E. SWEENEY, J., dissents for the reasons stated in his dissenting opinion in McAuliffe v. W. States Import Co., Inc. (1995), 72 Ohio St.3d 534, 651 N.E.2d 957. DOUGLAS and RESNICK, JJ., not participating. __________________

2

Reference

Status
Published
Syllabus
Appeal—Guardians—R.C. 2305.16—Tolling of statute of limitations—Appeal dismissed as improvidently allowed—Products liability claims for bodily injury governed by two-year statute of limitations period in R.C. 2305.10 and not by six-year statute of limitations period in R.C. 2305.07.