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TEMPLE v. WEAN UNITED, INC.

No. 76-946.

50 Ohio St. 2d 317 (1977)

TEMPLE ET AL., APPELLANTS, v. WEAN UNITED, INC., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 29, 1977.

Attorney(s) appearing for the Case

Messrs. Tyack, Scott & Colley, Mr. Michael F. Colley, and Mr. Dennis N. Balske, for appellants.

Blake, Blake & Faulkner Co., L. P. A., Mr. Rodney R. Blake, Jr., Mr. Richard Wallace, Messrs. Finn, Manahan & Pietrykowski, Mr. John A. Pietrykowski, Messrs. Wright, Harlor, Morris & Arnold, Mr. Harry Wright, III, and Mr. Terrance M. Miller, for appellees.

I.

CELEBREZZE, J.

This is a products liability action brought under theories of negligence, implied warranty, and strict liability in tort. The latter two counts are virtually indistinguishable,1 and appellants concede by their brief that implied warranty has been included as a theory of liability in order to comply with the terminology of Ohio law.

The paramount Ohio decision in the law of products liability is Lonzrick...

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