SEDAR v. KNOWLTON CONSTR. CO.

No. 88-1569.

49 Ohio St. 3d 193 (1990)

SEDAR, APPELLANT, v. KNOWLTON CONSTRUCTION COMPANY, N.K.A. ARGA COMPANY, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 7, 1990.


Attorney(s) appearing for the Case

Dworken & Bernstein Co., L.P.A., and Patrick J. Perotti, for appellant.

Taft, Stettinius & Hollister, James M. Hall, Jr. and Mark A. Ferguson, for appellee Knowlton Construction Co.

McNeal, Schick, Archibald & Biro Co., L.P.A., Fredric E. Kramer and Richard R. Kuepper, for appellee Larson & Nassau.

Keith McNamara, urging affirmance for amicus curiae, Ohio Building Chapter, AGC.

Arter & Hadden, Curtiss L. Isler and Irene C. Keyse-Walker, urging affirmance for amicus curiae, Otis Elevator Co. and Montgomery Elevator Co.

Means, Bichimer, Burkholder & Baker Co., L.P.A., Robert G. Stafford and Amy J. Girvin, urging affirmance for amici curiae, Ohio Assn. of Consulting Engineers, American Consulting Engineers Council, National Society of Professional Engineers, Ohio Society of Professional Engineers, American Institute of Architects and Architects Society of Ohio.

Millisor & Nobil Co., L.P.A., and Roger L. Sabo, urging affirmance for amicus curiae, Ohio Contractors Assn.

Kaufman & Cumberland, Frank J. Cumberland, Kelly Dowling Stimpson, David P. Lodwick and Thomas L. Feher, urging reversal for amicus curiae, King James South Danford Square Condominium Unit Owners Assn., Inc.

Casper & Casper and Michael R. Thomas, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.


HOLMES, J.

We are asked in this case to decide whether R.C. 2305.131 may constitutionally prevent the accrual of actions sounding in tort against architects, construction contractors and others who perform services related to the design and construction of improvements to real property, where such action arises more than ten years following the completion of such services. For the reasons which follow, and as applied to bar the claims of appellant herein, we answer...

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