GROCH v. GEN. MOTORS CORP.

No. 2006-1914.

117 Ohio St.3d 192 (2008)

2008 Ohio 546

GROCH ET AL. v. GENERAL MOTORS CORPORATION ET AL.

Supreme Court of Ohio.

Decided February 21, 2008.


Attorney(s) appearing for the Case

Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A., Kevin J. Boissoneault, Theodore A. Bowman, and Russell Gerney, for petitioners.

Kerger & Associates and Kimberly Conklin; Lathrop & Gage L.C. and Patrick N. Fanning, for respondent General Motors Corporation.

Gallagher Sharp, Robert H. Eddy, and Colleen A. Mountcastle, for respondents Kard Corporation and Racine Federated, Inc.

Marc Dann, Attorney General, Elise W. Porter, Acting State Solicitor, and Stephen P. Carney, Deputy State Solicitor, for respondent state of Ohio.

Paul W. Flowers, Co., and Paul W. Flowers, in support of petitioners for amicus curiae Ohio Academy of Trial Lawyers.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy, and Marc J. Jaffy, in support of petitioners for amicus curiae Ohio AFL-CIO.

Squire, Sanders & Dempsey, L.L.P., Steven M. Loewengart, and Johnathan E. Sullivan, in support of respondents for amicus curiae COSE Group Services, Inc.

Shook, Hardy & Bacon, L.L.P., Victor E. Schwartz, and Mark A. Behrens, in support of respondents for amici curiae National Federation of Independent Business Legal Foundation, Chamber of Commerce of the United States of America, National Association of Manufacturers, American Tort Reform Association, Property Casualty Insurers Association of America, American Chemistry Council, National Society of Professional Engineers, NPES Association for Suppliers of Printing, Publishing and Converting Technologies, National Association of Mutual Insurance Companies, and Association of Equipment Manufacturers.

Bricker & Eckler, L.L.P., Kurtis A. Tunnell, and Anne Marie Sferra, in support of respondents for amicus curiae Ohio Alliance for Civil Justice.

Porter, Wright, Morris & Arthur, L.L.P., Carolyn A. Taggart, and J.H. Huebert, in support of respondents for amicus curiae Ohio Association of Civil Trial Attorneys.

Garvin & Hickey, L.L.C., Preston J. Garvin, and Michael J. Hickey, in support of respondents for amicus curiae Ohio Chamber of Commerce.

Bricker & Eckler, L.L.P., and Thomas R. Sant, in support of respondents for amici curiae Ohio Chapter of the National Federation of Independent Business and Ohio Manufacturers Association.

Vorys, Sater, Seymour & Pease, L.L.P., and Robert A. Minor, in support of respondents for amicus curiae Ohio Self-Insurers Association.


O'CONNOR, J.

{¶ 1} This case comes to us as certified questions of state law from the United States District Court for the Northern District of Ohio, Western Division. For the reasons that follow, we answer the certified questions by holding that R.C. 4123.93, 4123.931, 2305.10(C), and former 2305.10(F) (now (G)) are all facially constitutional on the challenges to those statutes asserted...

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