DeVries Dairy, L.L.C. v. White Eagle Cooperative Association, Inc.

DeVries Dairy, L.L.C. v. White Eagle Coop. Assn., Inc., 132 Ohio St. 3d 516, 2012-Ohio-3828 (Ohio 2012) · Supreme Court of Ohio · August 28, 2012 · No. 2011-1995

Summary

The Supreme Court of Ohio answered in the negative a certified question asking whether Ohio recognizes a cause of action for tortious acts in concert under Restatement (Second) of Torts, Section 876. The per curiam majority declined to recognize the claim under the circumstances, while Justice Pfeifer dissented, concluding that Ohio case law had effectively recognized the tort.

Holdings

  1. Ohio does not recognize a cause of action under Restatement (Second) of Torts § 876 under the circumstances presented.

Questions Presented

  1. Under the applicable circumstances, does Ohio recognize a cause of action for tortious acts in concert under Restatement (Second) of Torts § 876?

Disposition

other

Cases Cited (4)

  • Great Cent. Ins. Co. v. Tobias, 37 Ohio St. 3d 127, 524 N.E.2d 168 (1988)(cited)
  • Pierce v. Bishop, 4th Dist. No. 10CA6, 2011-Ohio-371(cited)
  • Boyd v. Lincoln Elec. Co., 179 Ohio App. 3d 559, 2008-Ohio-6143, 902 N.E.2d 1023(cited)
  • Schuerger v. Clevenger, 8th Dist. No. 85128, 2005-Ohio-5333(cited)

Cited In (0)

No citing cases on record yet.

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