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GOODSON v. McDONOUGH POWER EQUIP., INC.

No. 81-1582.

2 Ohio St. 3d 193 (1983)

GOODSON ET AL., APPELLEES, v. McDONOUGH POWER EQUIPMENT, INC., APPELLANT.

Supreme Court of Ohio.

Decided January 5, 1983.

Attorney(s) appearing for the Case

Alfred J. Weisbrod Co., L.P.A., and Mr. Alfred J. Weisbrod, for appellees.

Messrs. Estabrook, Finn & McKee, Mr. Thomas L. Czechowski, Mr. John P. Rieser and Mr. Thomas H. Pyper, for appellant.

Messrs. Thompson, Hine & Flory, Mr. William H. Wallace, Mr. Paul W. Brown, Ms. Barbara J. Arison, Messrs. Vorys, Sater, Seymour & Pease and Mr. Robert E. Leach, urging reversal, for amicus curiae Ohio Manufacturers' Association.

Messrs. Collier, Shannon, Rill & Scott, Mr. Mark L. Austrian and Mr. Thomas A. Hart, Jr., urging reversal, for amicus curiae Outdoor Power Equipment Institute, Inc.

Mr. William H. Crabtree and Mr. Edward P. Good, urging reversal, for amicus curiae Motor Vehicle Manufacturers' Association of the United States, Inc.

HOLMES, J.

This cause occasions the review and analysis of one aspect of the doctrine of res judicata, that of collateral estoppel, as it has been applied in Ohio, and whether the traditional general rules as previously enunciated and followed should be applied to cases involving claims of product defective design. Collateral estoppel within the context of res judicata has been explained by this court to be preclusion of the relitigation in a second...

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