Jennyo v. Warner & Swasey Co.

The issue before this court is whether R. C. 2305.31 applies retroactively to void an indemnity provision for liability arising from a contract entered into prior to the effective date of the legislation.

R. C. 1.48 provides that “[a] statute is presumed to be prospective in its operation unless expressly made retrospective.” Additional weight must be accorded this interpretive mandate from the General Assembly where contractual obligations might be impaired by retroactive change to substantive law. Section 28, Article II of the Ohio Constitution.

There is no express language in R. C. 2305.31…