Iacono v. Anderson Concrete Corp.

Initially, it must be determined whether appellant’s amended complaint pleads a cause of action in tort, upon an implied warranty theory, which would support his recovery of damages against appellee. It is agreed that no privity existed between appellee and appellant.

In Lonzrick v. Republic Steel Corp. (1966), 6 Ohio St. 2d 227, 218 N. E. 2d 185, a majority of this court recognized that the injured party in a products liability case may pursue three possible causes of action: (1) An action in tort grounded upon negligence, (2) a cause of action based upon contract, and (3) an action in tort…