Does ’77 Court Decision Extending Products Liability to Non-Manufacturers Apply to Pre-1977 Sales?
Genevieve DiCenzo, etc. v. A-Best Products Company, Inc., et al., Case no. 2007-1628 8th District Court of Appeals (Cuyahoga County) ISSUE: May a rule of law established in a 1977 Supreme Court of Ohio decision be applied retroactively to impose strict liability for damages caused by a defective product on non-manufacturer sellers or distributors of an unsafe product for sales that were completed prior to the Court’s 1977 ruling? BACKGROUND: In a 1977 decision, Temple v. Wean United, Inc., the Supreme Court of Ohio formally adopted a rule of law set forth in Section 402(A) of the Restatement of Torts 2d (1965) holding that not only manufacturers of a defective product but also sellers and distributors of that product in the stream of commerce may be held strictly liable for damages to consumers caused by product defects. In this case, the Court is asked to rule on whether its holding in Temple should or should not be imposed retroactively to find strict liability on the part of a compa
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