State ex rel. Cordray v. Midway Motor Sales, Inc.

{¶ 1} This appeal involves the construction of R.C. 4549.46(A). Appellant, General Motors Acceptance Corporation (n.k.a. GMAC, LLC), asserts that R.C. 4549.46(A) is a not a strict-liability statute, because strict liability cannot be reconciled with the mandatory odometer disclosure affidavit promulgated pursuant to statute by the registrar of motor vehicles, which requires a knowledge-based certification of the odometer reading. Appellant alternatively argues that even if R.C. 4549.46(A) is held to be a strict-liability statute, the previous-owner exception in R.C. 4549.46(A) does not…