Sutowski v. Eli Lilly & Co.

82 Ohio St. 3d 347 (Ohio 1998) · Supreme Court of Ohio · June 29, 1998

Summary

The Ohio Supreme Court answered a certified question from the United States District Court and held that market-share liability is not an available theory of recovery in an Ohio products liability action involving DES. The court concluded that Ohio common law and the Ohio Products Liability Act require a plaintiff to establish causation attributable to a particular manufacturer, while distinguishing Ohio's alternative-liability doctrine. The court stated that any policy change allowing market-share liability should be made by the General Assembly.

Holdings

  1. Market-share liability is not an available theory of recovery in an Ohio products-liability action.
  2. The court declined to create market-share liability judicially and left the policy decision to the General Assembly.

Questions Presented

  1. Whether market-share liability is a viable theory of recovery in Ohio for a DES products-liability action.
  2. Whether Ohio common law and the Ohio Products Liability Act require a products-liability plaintiff to identify the particular manufacturer whose product proximately caused the injury.
  3. Whether the Ohio Products Liability Act permits or preserves a market-share liability theory.

Disposition

other

Cases Cited (19)

  • Sindell v. Abbott Laboratories, 26 Cal. 3d 588, 163 Cal. Rptr. 132, 607 P.2d 924 (1980)(described)
  • Brown v. City & County of San Francisco Superior Court, 44 Cal. 3d 1049, 245 Cal. Rptr. 412, 751 P.2d 470 (1988)(described)
  • Mulcahy v. Eli Lilly & Co., 386 N.W.2d 67 (Iowa 1986)(described)
  • State Farm Fire & Casualty Co. v. Chrysler Corp., 37 Ohio St. 3d 1, 523 N.E.2d 489 (1988)(followed)
  • Minnich v. Ashland Oil Co., 15 Ohio St. 3d 396, 15 OBR 511, 473 N.E.2d 1199 (1984)(followed)
  • Summers v. Tice, 33 Cal. 2d 80, 199 P.2d 1 (1948)(followed)
  • Goldman v. Johns-Manville Sales Corp., 33 Ohio St. 3d 40, 514 N.E.2d 691 (1987)(followed)
  • Carrel v. Allied Products Corp., 78 Ohio St. 3d 284, 677 N.E.2d 795 (1997)(reconciled)
  • Byers v. Consolidated Aluminum Corp., 73 Ohio St. 3d 51, 652 N.E.2d 643 (1995)(described)
  • Curtis v. Square-D Co., 73 Ohio St. 3d 79, 652 N.E.2d 664 (1995)(described)

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