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VAUGHN v. J.C. PENNEY CO., INC.

No. 86-3544.

822 F.2d 605 (1987)

Ray VAUGHN, Administrator of Estate of Edna Yvon Vaughn, & Ray Vaughn, Administrator of Estate of Jackie Lee Vaughn, Plaintiffs-Appellants, v. J.C. PENNEY COMPANY, INC. c/o C.T. Corporation Systems; Anderson County, Tennessee; Pennzoil Company, and Underwriters Laboratories, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1987.

Attorney(s) appearing for the Case

Edward L. Harp, Georgetown, Ohio, Jeffry D. Ferguson (argued) for plaintiffs-appellants.

W. Andrew Patton, K. Roger Schoeni, Cincinnati, Ohio, for J.C. Penney.

David A. Stuart, Clinton, Tenn., for Anderson Cnty.

Bruce I. Petrie, Jr., Cincinnati, Ohio, for Pennzoil.

Gerald G. Salmen (argued), Cincinnati, Ohio, for Underwriters.

Jon G. Roach, Peck, Shaffer, & Williams, Knoxville, Tenn., for Anderson County.

Before MERRITT and NELSON, Circuit Judges, and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

Ray Vaughn appeals from the district court's order dismissing his claims or granting summary judgment as to each defendant. The district court held that Vaughn's wrongful death claims, brought on behalf of his wife and daughter pursuant to Ohio Rev.Code Ann. § 2125.01, were barred by the one-year statute of limitations applicable to wrongful death claims filed in Tennessee, Tenn.Code Ann. § 28-3-104. For the reasons which follow...

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