JENKINS v. JAMES B. DAY & CO.

No. 92-1002.

69 Ohio St.3d 541 (1994)

JENKINS, ADMR., APPELLEE, v. JAMES B. DAY AND COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided July 13, 1994.


Attorney(s) appearing for the Case

Matan & Smith and Eugene L. Matan; and Amy L. Silvestri, for appellee.

James K. Reuss and Mary McWilliams Dengler, for appellant.

Brian Wolfman, Alan B. Morrison, Lucinda A. Sikes, Patti A. Goldman, Arthur Bryant, Anne Bloom and Harry Lewis, urging affirmance for amid curiae, Public Citizen, Inc. and Trial Lawyers for Public Justice.

Ray & Todaro Co., L.P.A., and Frank A Ray, urging affirmance for amicus curiae, Ohio Academy of Trial Lawyers.


ALICE ROBIE RESNICK, J.

This case requires us to resolve whether appellee's products liability action is preempted by the FHSA, Section 1261 et seq., Title 15, U.S.Code.

The trial court, in its regrettably abbreviated entry granting appellant's motion for summary judgment, implicitly found, pursuant to the terms of Civ.R. 56(C), that there was "no genuine issue as to any material fact" and that appellant was "entitled to judgment as a matter of law...

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