Opinion
Nos. 86-2048 and 87-220
Decided December 23, 1987.
Appeal dismissed as improvidently allowed.
APPEALS from the Court of Appeals for Erie County.
Murray Murray Co., L.P.A., W. Patrick Murray and Kirk J. Delli Bovi, for appellees.
Duvin, Cahn Barnard, Thomas H. Barnard, David J. Somrak, Squire, Sanders Dempsey, Mark S. Floyd, Bugbee Conkle, Warren D. Wolfe and Tybo Alan Wilhelms, for appellant.
Vorys, Sater, Seymour Pease, Robin R. Obetz and Bruce L. Ingram, urging reversal for amicus curiae, Ohio Self-Insurers Association.
Frost Jacobs, Pierce E. Cunningham and Gary A. Garfield, urging reversal for amicus curiae, Georgia-Pacific Corporation.
Andrew E. Doehrel, urging reversal for amicus curiae, Ohio Chamber of Commerce.
This cause (court of appeals Nos. E-84-27 and E-86-68) is dismissed, sua sponte, as having been improvidently allowed.
MOYER, C.J., SWEENEY, LOCHER and H. BROWN, JJ., concur.
HOLMES and WRIGHT, JJ., dissent.
DOUGLAS, J., not participating.
After a careful analysis of the record and the applicable case law, I feel that this case deserves our careful and comprehensive consideration and opinion. This court repeatedly rejected discretionary review and a motion for stay of this matter (case No. 86-729) by a three to three vote, one vote abstaining. Thus, I must dissent.
HOLMES, J., concurs in the foregoing dissenting opinion.