Business Organizations Law Commons^™

Flaugher V. Cone Automatic Machine Co.: The Ending Of A Trend In Successor Liability Or A Minor Setback For Product Liability Claimants?, Bryan J. Green

Akron Law Review

This Casenote analyzes the recent Ohio Supreme Court decision in Flaugher v. Cone Automatic Machine Co. to evaluate both its impact on the field of successor corporate liability and the opinion's fundamental soundness. The Flaugher court identified three issues: (1) whether the facts demanded application of one of the traditional exceptions to the rule of successor non-liability, (2) whether the court should adopt the "product line" theory of liability, and (3) whether the defendant corporations had a duty to warn plaintiff of the alleged defect in the machine which injured her. The court affirmed the lower court's decision by …