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OTTE v. DAYTON POWER & LIGHT CO.

No. 87-1098.

37 Ohio St. 3d 33 (1988)

OTTE ET AL., APPELLEES, v. DAYTON POWER & LIGHT COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided May 25, 1988.

Attorney(s) appearing for the Case

Teaford, Rich, Belskis, Coffman & Wheeler, Jeffrey A. Rich, James R. Gorry, Jr., Huffman, Landis & Weaks Co., L.P.A., and Robert J. Huffman, for appellees.

Freund, Freeze & Arnold, Neil F. Freund and John G. Witherspoon, Jr., for appellant.

Porter, Wright, Morris & Arthur, John M. Adams, Joseph W. Ryan, Jr., and James D. Curphey, urging reversal for amicus curiae, Ohio Electrical Utilities Institute.

Robert J. DeLambo and Glen Wagner, urging affirmance for amicus curiae, Ohio Farm Bureau Federation and Milk Marketing, Inc.

WRIGHT, J.

In the case at bar, the jury returned a verdict finding DP&L negligently failed to warn the Ottes of the effects of stray voltage. DP&L was adjudged to be at fault to the extent of fifty-one percent of the damages. This verdict was overturned by the appellate court on the theory that because strict liability was available as a cause of action, a new trial was necessary. For the reasons articulated below, we hold strict liability

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