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Seaford v. Norfolk Southern Railway Company

Supreme Court of Ohio
Oct 26, 2005
835 N.E.2d 717 (Ohio 2005)

Opinion

No. 2005-0172.

Submitted August 23, 2005.

Decided October 26, 2005.

Appeal from the Court of Appeals for Cuyahoga County, No. 83137, 2004-Ohio-6849.

Brent Coon Associates, Christopher J. Hickey, and Mary Brigid Sweeney; Kevin E. McDermott, for appellees.

Gallagher, Sharp, Fulton Norman, Kevin C. Alexandersen, Monica A. Sansalone, and Holly M. Olarczuk-Smith, for appellant.


{¶ 1} The judgment of the court of appeals on the issue raised in appellant's Proposition of Law No. IV is reversed on the authority of Hess v. Norfolk S. Ry. Co., 106 Ohio St.3d 389, 2005-Ohio-5408, ___ N.E.2d ___, and the cause is remanded to the trial court for application of Hess.

RESNICK, PFEIFER, LUNDBERG STRATTON, O'CONNOR and O'DONNELL, JJ., concur.

MOYER, C.J., and LANZINGER, J., dissent.


Summaries of

Seaford v. Norfolk Southern Railway Company

Supreme Court of Ohio
Oct 26, 2005
835 N.E.2d 717 (Ohio 2005)
Case details for

Seaford v. Norfolk Southern Railway Company

Case Details

Full title:SEAFORD ET AL., Appellees, v. NORFOLK SOUTHERN RAILWAY COMPANY, Appellant

Court:Supreme Court of Ohio

Date published: Oct 26, 2005

Citations

835 N.E.2d 717 (Ohio 2005)
106 Ohio St. 3d 430
2005 Ohio 5407

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