Kneisley v. Lattimer-Stevens Co.

In Van Fossen v. Babcock & Wilcox Co. (1988), 36 Ohio St. 3d 100, 522 N.E. 2d 489, we addressed the constitutionality of the retroactive application of R.C. 4121.80(G). Having determined therein that such application violated the ban on retroactivity of Section 28, Article II of the Ohio Constitution, we now turn to R.C. 4121.80 (D) and make a similar holding.

Van Fossen set forth a two-step *356analysis which first addressed legislative intent. Referring to R.C. 1.48, the decision stated that absent a clear indication of legislative intent to the contrary, a statute may only be applied…