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Donegal Mutual Insurance v. White Consolidated Industries, Inc.

Court of Appeals of Ohio
852 N.E.2d 215 (2006)


Facts

David and Susan Nearon (plaintiffs) owned an electric stove manufactured by White Consolidated Industries, Inc. (White) (defendant). Susan set the stove to self-clean mode, and the stove defectively caused a fire that burned down the Nearons’ house. The Nearons and their insurance company, Donegal Mutual Insurance Company (plaintiff), brought a design-defect suit against White. The trial court instructed the jury on the consumer-expectations test. The jury returned a verdict in favor of the plaintiffs and awarded $104,000 in damages. However, the trial court entered a judgment notwithstanding the verdict in favor of White. The plaintiffs appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Donovan, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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