Smith v. Walter C. Best, Inc.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this products liability action, we are asked to review the district court’s determination that Ohio law does not recognize a cause of action based upon strict liability for failure to warn and to examine the district court’s evaluation of the sophisticated purchaser defense in the context of negligent failure to warn.

Recent Ohio case law establishes the viability of a claim based upon strict liability for failure to warn; the standard governing the manufacturer’s duty under this theory is identical to that applicable in cases alleging negligent…