McManus v. Belcher - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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OPINIONS OF THE SUPREME COURT OF OHIO
The full texts of the opinions of the Supreme Court of Ohio
are being transmitted electronically beginning May 27, 1992,
pursuant to a pilot project implemented by Chief Justice Thomas
J. Moyer.
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NOTE: Corrections may be made by the Supreme Court to the
full texts of the opinions after they have been released
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to check the bound volumes of Ohio St.3d published by West
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McManus, Guardian, et al., Appellants and Cross-Appellees, v.
Belcher, d.b.a. Shoreland Auto Care, Appellee; Chrysler
Corporation, Appellee and Cross-Appellant.
[Cite as McManus v. Belcher (1995), Ohio St.3d .]
Appeal -- Guardians -- R.C. 2305.16 -- Tolling of statute of
limitations -- Appeal dismissed as improvidently allowed --
Products liability claims for bodily injury governed by
two-year statute of limitations period in R.C. 2305.10 and
not by six-year statute of limitations period in R.C.
2305.07.
No. 95-380 -- Submitted June 6, 1995 -- Decided August 16
1995.)
Appeal and Cross-Appeal from the Court of Appeals for Lucas
County, No. L-94-032.

Cubbon & Associates Co., L.P.A., Robert J. Bahret and David
L. Rice, for appellants and cross-appellees.
Jones & Bahret Co., L.P.A., and Peter C. Munger, for
appellee Garry D. Belcher, d.b.a. Shoreland Auto Care.
Thompson, Hine & Flory, Stephen H. Daniels and Mark N.
Rose, for appellee Coltec Industries, Inc.
Crabbe, Brown, Jones, Potts & Schmidt and Charles E. Brown,
for appellee and cross-appellant Chrysler Corporation.

The appeal is dismissed, sua sponte, as having been
improvidently allowed. The judgment of the court of appeals as
to the issue raised on cross-appeal is reversed, and the
judgment of the trial court as to cross-appellant Chrysler
Corporation is reinstated on the authority of McAuliffe v. W.
States Import Co., Inc. (1995), Ohio St.3d ,
N.E.2d .
Moyer, C.J., Wright, Pfeifer and Cook, JJ., concur.
F.E. Sweeney, J., dissents for the reasons stated in his
dissenting opinion in McAuliffe v. W. States Import Co., Inc.
(1995), Ohio St.3d , , N.E.2d , .
Douglas and Resnick, JJ., not participating.