GAST v. SEARS ROEBUCK & CO.

Nos. 73-546 and 73-547.

39 Ohio St. 2d 29 (1974)

GAST ET AL., APPELLEES, v. SEARS ROEBUCK & CO.; WARWICK ELECTRONICS, INC., APPELLANT. FULTON INS. CO., APPELLEE, v. SEARS ROEBUCK & CO.; WARWICK ELECTRONICS, INC., APPELLANT.

Supreme Court of Ohio.

Decided July 3, 1974.


Attorney(s) appearing for the Case

Messrs. Tone, Maddrell, Eastman & Grubbe and Mr. Herbert P. Eastman, for appellees.

Messrs. Arter & Hadden and Mr. Harry T. Quick, for appellant.


CELEBREZZE, J.

In both cases, plaintiffs failed to appeal the dismissal of their implied warranty causes of action. Thus, we are dealing strictly with negligence law, and strict liability in tort does not apply.

Basically, it is appellant's position that in a cause of action based on negligence the plaintiffs must show that there was a defective product, and that the defect was caused by defendant's failure to exercise ordinary care. They argue further...

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