MINNICH v. ASHLAND OIL COMPANY

No. 84-469.

15 Ohio St. 3d 396 (1984)

MINNICH ET AL., APPELLANTS, v. ASHLAND OIL COMPANY, INC. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 31, 1984.


Attorney(s) appearing for the Case

Messrs. Rendigs, Fry, Kiely & Dennis and Mr. J. Kenneth Meagher, for appellants.

Waite, Schneider, Bayless & Chesley Co., L.P.A., and Mr. Troy W. Skeens, Jr., for appellee Ashland Oil Co.

Bloom & Greene Co., L.P.A., Mr. James J. Montgomery and Mr. Stephen K. Shaw, for appellee M.J. Daly Co.


J. P. CELEBREZZE, J.

In this case we are faced with determining whether Ohio should adopt the doctrine of alternative liability set forth in 2 Restatement of the Law 2d, Torts (1965) 441-442, Section 433(B)(3). For the following reasons, we have determined that fairness demands application of that doctrine to situations similar to the case at bar.

Section 433(B)(3) is an exception to the general rule that the burden of proof of proximate cause rests with the...

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