Opinion
Nos. 2009-1715 and 2009-2094.
Submitted October 12, 2010.
Decided December 9, 2010.
APPEAL from the Court of Appeals for Allen County, No. 1-08-65, 183 Ohio App.3d 555, 2009-Ohio-3931.
Lowe, Eklund, Wakefield Mulvihill, L.P.A., Dennis P. Mulvihill, and Gregory S. Scott, for appellees.
Tucker, Ellis West, L.L.P., and Irene C. Keyse-Walker; and Adkinson Law Office and Patrick K. Adkinson, for appellant.
Bieser, Greer Landis, L.L.P., and John F. Haviland, urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.
Bricker Eckler, L.L.P., Anne Marie Sferra, and Bridget Purdue Riddell, urging reversal for amici curiae Ohio Hospital Association, Ohio State Medical Association, American Medical Association, Ohio Osteopathic Association, and American Osteopathic Association.
Rourke Blumenthal, L.L.P., Jonathan R. Stoudt, and Michael J. Rourke, urging affirmance for amicus curiae Ohio Association for Justice.
{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.
Brown, C.J., and Pfeifer, Gwin, Tyack, and Cupp, JJ., concur.
Lundberg Stratton and O'Donnell, JJ., dissent.
W. Scott Gwin, J., of the Fifth Appellate District, sitting for O'Connor, J.
G. Gary Tyack, J., of the Tenth Appellate District, sitting for Lanzinger, J.
{¶ 2} Because I do not agree that juries should be instructed on alternate theories of recovery in cases of this distinction, I would reverse the judgment of the Third District Court of Appeals and affirm the judgment of the trial court.
Lundberg Stratton, J., concurs in the foregoing opinion.