Gates v. Precision Post Co.

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1 Gates, Appellant, v. Precision Post Company; Black Brothers Company et 2 al., Appellees. 3 [Cite as Gates v. Precision Post Co. (1996), ___ Ohio St.3d ___.] 4 Civil actions -- Products liability -- Causes of action brought pursuant to 5 R.C. 2307.71 et seq. governed by two-year statute of limitations 6 provided in R.C. 2305.10. 7 (No. 94-2093 -- Submitted January 10, 1996 -- Decided February 7, 8 1996.) 9 CERTIFIED by the Court of Appeals for Marion County, No. 9-94-21. ______________ 10 11 Hofelich & King and John F. King, for appellant. 12 Jones & Bahret Co., L.P.A., Willis P. Jones, Jr. and Peter C. Munger, 13 14 for appellees. ______________ 15 The cause is before this court upon the certification of the court of 16 appeals that its judgment conflicted with the judgment of the Court of 17 Appeals for Cuyahoga County in McAuliffe v. W. States Import Co., Inc. 18 (Dec. 16, 1993), Cuyahoga App. No. 65297, unreported, 1993 WL 527880, 1 and with the judgment of the Court of Appeals for Monroe County in Byers 2 v. Consol. Aluminum Corp. (Apr. 12, 1994), Monroe App. No. 716, 3 unreported, 1994 WL 149880, upon the following question: 4 [W]hether the six year statute of limitations set forth in R.C. 2305.07 5 or the two-year statute of limitations set forth in R.C. 2305.10 governs 6 personal injury claims arising from products liability statutes set forth in 7 R.C. 2307.71 et seq. 8 This court states that the two-year statute of limitations set forth in 9 R.C. 2305.10 governs personal injury claims arising from products liability 10 statutes set forth in R.C. 2307.71 et seq, and affirms the judgment of the 11 court of appeals on the authority of McAuliffe v. W. States Import Co., Inc. 12 (1995), 72 Ohio St.3d 534, 651 N.E.2d 957. 13 MOYER, C.J., WRIGHT, RESNICK, PFEIFER and COOK, JJ., concur. 14 DOUGLAS and F.E. SWEENEY, JJ., dissent. 15 16 17 2

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