McDONALD v. FORD MOTOR COMPANY

No. 74-139.

42 Ohio St. 2d 8 (1975)

McDONALD ET AL., APPELLEES, v. FORD MOTOR COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided April 2, 1975.


Attorney(s) appearing for the Case

Messrs, Kaiser & Burd and Mr. J. Stewart Kaiser, for appellees.

Messrs. Vorys, Sater, Seymour & Pease, Mr. Herbert R. Brown, Mr. Robert E. Leach, Mr. Robert E. Tait, Messrs. Collier & Collier and Mr. J. B. Collier, for appellant.


STERN. J.

This is a product liability action brought under the theory of implied warranty, which is a form of strict liability in tort. The plaintiff's burden of proof for breach of implied warranty, as stated by this court "* * * consists of alleging and proving, by a preponderance of the evidence, that: (1) There was, in fact, a defect in the product manufactured and sold by the defendant; (2) such defect existed at the time the product left the hands of the defendant...

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