Legal Opinion

Floor Craft Floor Covering, Inc. v. Parma Community General Hospital Ass'n

Ohio Supreme Court

Decided September 19, 1990No. Nos. 89-1044 and 89-1045Published

1DissentH. Brown, J.

I must respectfully dissent from the majority’s application of the privity doctrine to bar Floor Craft Floor Covering, Inc.’s action against Braun & Spice, Inc.

The privity doctrine, which at one time made a contractual relationship a prerequisite for tort recovery, was accidentally created in an ancient English opinion, Winterbottom v. Wright (Ex. 1842), 10 M. & W. 109, 152 Eng. Rep. 402. Winterbottom held that a driver injured in a mail coach accident could not sue the contractor hired to maintain the coach for breach of the maintenance contract. Id. at 113-115, 152 Eng. Rep. at 404-405. As…

Also in this document: Concurring in part, dissenting in part.

2Cases cited46 opinions

Temple v. Wean United, Inc.Ohio Supreme Court · 1977
Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
Savings Bank v. WardSupreme Court of the United States · 1880
Sensenbrenner v. Rust, Orling & Neale, Architects, Inc.Supreme Court of Virginia · 1988
Chemtrol Adhesives, Inc. v. American Manufacturers Mutual InsuranceOhio Supreme Court · 1989

41 more not listed; retrieve them via the Exa API.