Byers v. Consolidated Aluminum Corp.
Cases that cite this one
8 later published cases cite this decision.
- Sutowski v. Eli Lilly & Co. (Ohio 1998)
- Carrel v. Allied Products Corp. (Ohio 1997)
- Delahunt v. Cytodyne Technologies (District Court, S.D. Ohio 2003)
- White v. Depuy, Inc. (Ohio Ct. App. 1998)
- Sutowski v. Eli Lilly & Co. (Ohio 1998)
- Carrel v. Allied Products Corp. (Ohio 1997)
- Long v. Tokai Bank of California (Ohio Ct. App. 1996)
- Byers v. Consol. Aluminum Corp. (Ohio 1995)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The judgment of the court of appeals is reversed, and the judgment of the trial court is reinstated on the authority of McAuliffe v. W. States Import Co., Inc. (1995), 72 Ohio St.3d 534, 651 N.E.2d 957.
Dissenting Opinion
dissenting. I respectfully dissent. I do so on the basis of Justice Francis E. Sweeney’s well-reasoned dissent in McAuliffe v. W. States Import Co., Inc. (1995), 72 Ohio St.3d 534, 651 N.E.2d 957. Given the majority opinion in McAuliffe, it should now be understood that all common-law products liability causes of action survive the enactment of R.C. 2307.71 et seq., the Ohio Product Liability Act, unless specifically covered by the Act because the Act, according to the majority in McAuliffe, “ * * * falls short of creating a previously unavailable cause of action * * *.” Id. at 538, 651 N.E.2d at 960. The courts of appeals were right in both this case and McAuliffe.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.