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GOLDMAN v. JOHNS-MANVILLE SALES CORP.

No. 86-1470.

33 Ohio St. 3d 40 (1987)

GOLDMAN, EXECUTRIX, APPELLEE, v. JOHNS-MANVILLE SALES CORP. ET AL.; OWENS-ILLINOIS, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 14, 1987.

Attorney(s) appearing for the Case

Gallon, Kalniz & Iorio Co., L.P.A., and David W. Zoll, for appellee.

Fuller & Henry and Robert A. Bunda, for appellants Owens-Illinois, Inc. et al.

Frutig, Polito & Travis Co., L.P.A., and Thomas R. Frutig, for appellants Keene Corp. et al.

Hesser, Armstrong & Disantis, and Richard J. Disantis, for appellant Raymark Industries, Inc.

Arter & Hadden, John D. Maddox, and Irene C. Keyse-Walker, for appellant Combustion Engineering, Inc.

Vorys, Sater, Seymour & Pease and Russell P. Herrold, Jr., urging reversal for amicus curiae, Ohio Manufacturers' Assn.

WOLFF, J.

In this case we are asked to decide whether the theory of alternative liability, as recognized by this court in Minnich v. Ashland Oil Co. (1984), 15 Ohio St.3d 396, 15 OBR 511, 473 N.E.2d 1199, is applicable to the facts of this case. If it is not, we then must decide whether we should recognize as a theory of recovery in this case the market-share theory of liability, as first espoused in Sindell...

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