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White v. Crown Equipment Corp.4/18/2005
JUDGMENT: Judgment affirmed.
{ } The plaintiffs-appellants, James and Yolanda White, appeal from the November 9, 2004 judgment of the Common Pleas Court of Auglaize County, granting partial summary judgment in favor of the defendant-appellee, Crown Equipment Corporation ("Crown"). Although this appeal has been placed on the accelerated calendar, this court elects to issue a full opinion pursuant to Loc.R. 12(5).
{ } Crown is an Ohio corporation that manufactures lift trucks and sells its product through another company, OKI Systems, located in Ohio. On February 22, 1993, OKI systems sold a lift truck to the Kroger Company for use in its warehouse in Atlanta, Georgia. On July 15, 1993, the lift truck was installed in the Kroger warehouse by a Crown branch office located in Georgia. Subsequently, sometime between July 1993 and November 2003, Atlas Cold Storage, also known as CSI, took over the operation of the Kroger warehouse.
{ } On May 21, 2002, James White, a resident of Georgia and an employee of CSI, was working in the CSI warehouse when employee, operating the lift truck allegedly struck James because the brake system on the lift truck failed. As a result, James had his leg amputated below his right knee.
{ } In November 2003, the Whites filed suit in a Georgia state court, and Crown removed the case to the United States District Court for the Northern District of Georgia. In February 2004, the Whites dismissed the Georgia case, without prejudice, and on May 17, 2004, filed a complaint in the Common Pleas Court of Auglaize County alleging, inter alia, negligence and products liability. On July 12, 2004, Crown filed a motion for summary judgment, or in the alternative a motion to dismiss, arguing that the Whites' claims are governed by the statute of repose under Georgia law, and on October 21, 2004, the Whites filed their motion contra. On November 9, 2004, the Common Pleas Court of Auglaize County issued an order and judgment entry granting partial summary judgment in favor of Crown, which dismissed all the Whites' claims except a failure-to-warn negligence claim. It is from this judgment that the Whites appeal, alleging four assignments of error. For the sake of judicial economy, the assignments will be consolidated for discussion.
Assignments of Error
The trial court erred to the prejudice of appellants James C. White, et al. In granting partial summary judgment in favor of Crown Equipment Corporation ("Crown") and in dismissing appellants' Ohio tort claims against crown since Crown was not entitled to partial summary judgment under Civil Rule 56 because genuine issues of material fact were presented for determination by the jury.
The trial court erred to the prejudice of appellants James C. White, et al. In granting partial summary judgment in favor of Crown and in dismissing appellants' Ohio tort claims against Crown by applying Georgia law.
The trial court's action in partially granting Crown's motion for summary judgment abridged appellants' constitutional right to due process guaranteed by Article I, Section 16 of the Ohio Constitution.
The trial court's action in partially granting Crown's motion for summary judgment abridged appellants' constitutional right to a jury trial guaranteed by Article I, Section 5 of the Ohio Constitution and the Seventh [sic, Sixth] Amendment to the U.S. Constitution.
{ } A summary judgment will be affirmed only where there are no genuine issues as to any material fact and the moving party is entitled to judgment as a matter of law. Civ.R. 56(C). In addition, "summary judgment shall not be rendered unless it appears * * * that re
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