WAGNER v. ROCHE LABORATORIES

No. 98-104.

85 Ohio St.3d 457 (1999)

WAGNER, APPELLANT. v. ROCHE LABORATORIES ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 12, 1999.


Attorney(s) appearing for the Case

Don C. Iler Co., L.P.A., Don C. Iler and Nancy C. Iler, for appellant.

Arter & Hadden, L.L.P., Irene C. Keyse-Walker, Janet H. Smith and George Gore, for appellees.


ALICE ROBIE RESNICK, J.

The principal issue presented is whether Roche was sufficiently prejudiced by the trial court's instruction on breach of express warranty so that the trial court erred in denying Roche's motion for a new trial. For the following reasons, we reverse the judgment of the court of appeals on this issue and reinstate the judgment of the trial court denying a new trial to Roche.

"An express warranty is an affirmation of fact...

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