Legal Opinion
DiCenzo v. A-Best Products Co.
Ohio Supreme Court
Decided October 22, 2008No. 2007-1628PublishedCited by 27 opinions
1Opinion of the CourtLundberg Stratton, J.
I. Introduction
{¶ 1} In this case, we must determine whether our decision in Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317, 4 O.O.3d 466, 364 N.E.2d 267, which imposed strict liability on nonmanufacturing sellers of defective products, applies retroactively to products sold before Temple was announced in 1977. Applying the three-part test in Chevron Oil Co. v. Huson (1971), 404 U.S. 97, 106-107, 92 S.Ct. 349, 30 L.Ed.2d 296, we hold that Temple applies prospectively only. Accordingly, we reverse the judgment of the court of appeals.
II. Pacts
{¶2} From the 1950s until 1993, Joseph…
2Cases cited34 opinions
- Temple v. Wean United, Inc.Ohio Supreme Court · 1977
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
- Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
- Great Northern Railway Co. v. Sunburst Oil & Refining Co.Supreme Court of the United States · 1932
29 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Lunsford v. Saberhagen Holdings, Inc.Washington Supreme Court · 2009
- Beaver Excavating Co. v. TestaOhio Supreme Court · 2012
- The State Ex Rel. Jones Et Al. v. HustedOhio Supreme Court · 2016
- Taylor v. Belmont Community Hosp.Ohio Court of Appeals · 2010
- Coppo v. Fixari Family Dental Practice, L.L.C.Ohio Court of Appeals · 2022
22 more not listed; retrieve them via the Exa API.