Gates v. Precision Post Co.

[This opinion has been published in Ohio Official Reports at 

.]




     GATES, APPELLANT, v. PRECISION POST COMPANY; BLACK BROTHERS
                             COMPANY ET AL., APPELLEES.
               [Cite as Gates v. Precision Post Co., 

.]
Civil actions—Products liability—Causes of action brought pursuant to R.C.
        2307.71 et seq. governed by two-year statute of limitations provided in R.C.
        2305.10.
    (No. 94-2093—Submitted January 10, 1996—Decided February 7, 1996.)
       CERTIFIED by the Court of Appeals for Marion County, No. 9-94-21.
                                  __________________
        Hofelich & King and John F. King, for appellant.
        Jones & Bahret Co., L.P.A., Willis P. Jones, Jr. and Peter C. Munger, for
appellees.
                                  __________________
        {¶ 1} The cause is before this court upon the certification of the court of
appeals that its judgment conflicted with the judgment of the Court of Appeals for
Cuyahoga County in McAuliffe v. W. States Import Co., Inc. (Dec. 16, 1993),
Cuyahoga App. No. 65297, unreported, 

, and with the judgment
of the Court of Appeals for Monroe County in Byers v. Consol. Aluminum Corp.
(Apr. 12, 1994), Monroe App. No. 716, unreported, 

, upon the
following question:
        “[W]hether the six year statute of limitations set forth in R.C. 2305.07 or
the two-year statute of limitations set forth in R.C. 2305.10 governs personal injury
claims arising from products liability statutes set forth in R.C. 2307.71 et seq.”
        {¶ 2} This court states that the two-year statute of limitations set forth in
R.C. 2305.10 governs personal injury claims arising from products liability statutes
set forth in R.C. 2307.71 et seq, and affirms the judgment of the court of appeals
                           SUPREME COURT OF OHIO




on the authority of McAuliffe v. W. States Import Co., Inc. (1995), 

, 

.
       MOYER, C.J., WRIGHT, RESNICK, PFEIFER and COOK, JJ., concur.
       DOUGLAS and F.E. SWEENEY, JJ., dissent.
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