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1995 Ohio 123

McManus v. Belcher

Ohio Supreme Court

Decided August 16, 1995

Ohio Supreme Court · decided 1995-08-16

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.

Relies on McAuliffe v. Western States Import Co. · 73 Ohio St. 3d 106 - McManus v. Belcher

Decided 1995-08-16

[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.
                              __________________




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