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Keywords

lawsuittortdamagesnegligenceliabilityappealtrialverdictstrict liabilitycomparative negligencejoint and several liability
lawsuittortnegligenceliabilityappealtrialverdictstrict liabilitycomparative negligencejoint and several liability

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Bowling v. Heil Co., 31 Ohio St.3d 277, 511 N.E.2d 373, 31 O.B.R. 559, Prod.Liab.Rep. (CCH) P 11,509

Facts

Emma K. Bowling, as the administratrix of her husband David B. Bowling's estate, filed a wrongful death lawsuit against the Heil Company and others after David was crushed by a dump truck bed. The truck, equipped with a Heil dump hoist system, had undergone modifications that led to a failure in the system, resulting in David's death. The jury found Heil both negligent and strictly liable, attributing fault to Bowling as well, but the court later reduced the damages based on comparative negligence principles.

Emma K. Bowling, as the administratrix of her husband David B. Bowling's estate, filed a wrongful death lawsuit against the Heil Company and others after David was crushed by a dump truck bed.

Issue

Whether principles of comparative negligence or comparative fault apply to a products liability action based upon strict liability in tort, and whether Ohio's Contribution Among Joint Tortfeasors Act abolishes the doctrine of joint and several liability.

Whether principles of comparative negligence or comparative fault apply to a products liability action based upon strict liability in tort, and whether Ohio's Contribution Among Joint Tortfeasors Act abolishes the doctrine of joint and several liability.

Rule

The principles of comparative negligence or comparative fault have no application to a products liability case based upon strict liability in tort, and Ohio's Contribution Among Joint Tortfeasors Act does not abolish the doctrine of joint and several liability.

The principles of comparative negligence or comparative fault have no application to a products liability case based upon strict liability in tort, and Ohio's Contribution Among Joint Tortfeasors Act does not abolish the doctrine of joint and several liability.

Analysis

The court analyzed the differences between negligence and strict liability, emphasizing that strict liability focuses on the product rather than the conduct of the manufacturer. It concluded that allowing comparative negligence would undermine the purpose of strict liability, which is to hold manufacturers accountable for defective products regardless of the consumer's conduct. The court also reaffirmed that joint and several liability remains applicable under Ohio law.

The court analyzed the differences between negligence and strict liability, emphasizing that strict liability focuses on the product rather than the conduct of the manufacturer.

Conclusion

The Supreme Court of Ohio reversed the Court of Appeals' judgment, reinstating the trial court's original verdict against Heil and Sweeney, thereby rejecting the application of comparative negligence in this strict liability case.

The Supreme Court of Ohio reversed the Court of Appeals' judgment, reinstating the trial court's original verdict against Heil and Sweeney, thereby rejecting the application of comparative negligence in this strict liability case.

Who won?

Emma K. Bowling prevailed in the case as the court reinstated the original jury verdict against Heil and Sweeney, emphasizing the importance of holding manufacturers strictly liable for defective products.

Emma K. Bowling prevailed in the case as the court reinstated the original jury verdict against Heil and Sweeney, emphasizing the importance of holding manufacturers strictly liable for defective products.

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