CREMEANS v. WILLMAR HENDERSON MFG. CO.

No. 89-1797.

57 Ohio St. 3d 145 (1991)

CREMEANS ET AL., APPELLEES, v. WILLMAR HENDERSON MANUFACTURING COMPANY, A DIVISION OF WAYCROSSE, INC., APPELLANT, ET AL.

Supreme Court of Ohio.

Decided February 6, 1991.


Attorney(s) appearing for the Case

Plymale & Associates and Stephen D. Plymale, for appellees.

Squire, Sanders & Dempsey and William A. Klatt, for appellant.

Frank A. Ray, Casper & Casper and Michael R. Thomas, urging affirmance for amicus curiae, Ohio Academy of Trial Lawyers.


DOUGLAS, J.

The first issue presented by this appeal is whether the defense of assumption of risk bars Cremeans from recovery on his products liability claim against Willmar based upon strict liability in tort. Cremeans will be barred from recovery on his claim if he voluntarily and unreasonably assumed a known risk posed by the defective1 product manufactured by Willmar. Onderko...

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