STATE EX REL. CORDRAY v. MIDWAY MOTOR SALES, INC.

No. 2008-1451.

122 Ohio St.3d 234 (2009)

2009-Ohio-2610

THE STATE EX REL. CORDRAY, Appellee, v. MIDWAY MOTOR SALES, INC. et al.; GENERAL MOTORS ACCEPTANCE CORPORATION, Appellant.

Supreme Court of Ohio.

Decided June 10, 2009.


Attorney(s) appearing for the Case

Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Stephen P. Carney, Deputy Solicitor, and David M. Dembinski and Teresa A. Heffernan, Assistant Attorneys General, for appellee.

Carpenter, Lipps & Leland, L.L.P., Michael H. Carpenter, Jeffrey A. Lipps, and Angela M. Paul Whitfield, for appellant.

Dreher Tomkies Scheiderer, L.L.P., Darrell L. Dreher, and Vanessa A. Nelson, urging reversal for amici curiae American Financial Services Association, Association of Consumer Vehicle Lessors, National Automobile Dealers Association, and Ohio Automobile Dealers Association.


O'CONNOR, J.

{¶ 1} This appeal involves the construction of R.C. 4549.46(A). Appellant, General Motors Acceptance Corporation (n.k.a. GMAC, LLC), asserts that R.C. 4549.46(A) is a not a strict-liability statute, because strict liability cannot be reconciled with the mandatory odometer disclosure affidavit promulgated pursuant to statute by the registrar of motor vehicles, which requires a knowledge-based certification of the odometer...

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