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SMITH v. WALTER C. BEST, INC.

No. 90-3077.

927 F.2d 736 (1990)

David H. SMITH and Louise Smith, his Wife, v. WALTER C. BEST, INC., a Corporation, Pennsylvania Glass Sand Corporation, a Corporation and Combustion Engineering, Inc., a Corporation, Third Party Defendants, Manley Brothers, Keener Sand and Clay Co., Whitehead Brothers, Negley Fire Clay Company, Magneco Metrel, Inc., American Colloid and Cedar Heights Co. David H. SMITH and Louise Smith, his Wife v. WHITEHEAD BROTHERS COMPANY. David H. SMITH and Louise Smith, his Wife v. MANLEY BROTHERS. David H. Smith and Louise Smith, his wife, Appellants.

United States Court of Appeals, Third Circuit.

Decided November 5, 1990.

Attorney(s) appearing for the Case

Janice M. Savinis, Thomas W. Henderson, Craig Vandergift (argued), Henderson & Goldberg, Pittsburgh, Pa., for appellants.

J.W. Montgomery, III (argued), Debra B. Todd, Laura A. Meaden, Curt Vazquez, Cohen & Grigsby, Pittsburgh, Pa., for appellee Pennsylvania Glass Sand Corp.

Julie A. Maloney, William M. Wycoff, Stephen J. Poljak, Thorp, Reed & Armstrong, Pittsburgh, Pa., for appellee Manley Bros.

Louis Anstandig, Anstandig, Levicoff & McDyer, Pittsburgh, Pa., for appellee Keener Sand and Clay Co.

P. Brennan Hart, Zimmer Kunz Loughran Hart, Lazaroff Trenor Banyas & Conaway, Pittsburgh, Pa., for appellee Whitehead Bros.

Before MANSMANN, ALITO and GARTH, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this products liability action, we are asked to review the district court's determination that Ohio law does not recognize a cause of action based upon strict liability for failure to warn and to examine the district court's evaluation of the sophisticated purchaser defense in the context of negligent failure to warn.

Recent Ohio case law establishes the viability of a claim based upon strict liability...

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