Opinion
Nos. 2011–1097 2011–1120.
2012-07-3
LURI, Appellee and Appellant/Cross–Appellee, v. REPUBLIC SERVICES, INC. et al., Appellants and Appellees/Cross–Appellants.
Appeal and Cross–Appeal from and Certified by the Court of Appeals for Cuyahoga County, No. 94908,193 Ohio App.3d 682, 2011-Ohio-2389, 953 N.E.2d 859. Tucker, Ellis & West, L.L.P., Irene C. Keyse–Walker, and Benjamin C. Sassé, Cleveland, for appellee in case No. 2011–1097 and for appellant and cross-appellee in case No. 2011–1120. Squire, Sanders & Dempsey, L.L.P., Robin G. Weaver, Stephen P. Anway, and Trevor G. Covey, Cleveland, for appellants in case No. 2011–1097 and for appellees and cross-appellants in case No. 2011–1120.
Appeal and Cross–Appeal from and Certified by the Court of Appeals for Cuyahoga County, No. 94908,193 Ohio App.3d 682, 2011-Ohio-2389, 953 N.E.2d 859.
Tucker, Ellis & West, L.L.P., Irene C. Keyse–Walker, and Benjamin C. Sassé, Cleveland, for appellee in case No. 2011–1097 and for appellant and cross-appellee in case No. 2011–1120. Squire, Sanders & Dempsey, L.L.P., Robin G. Weaver, Stephen P. Anway, and Trevor G. Covey, Cleveland, for appellants in case No. 2011–1097 and for appellees and cross-appellants in case No. 2011–1120.
{¶ 1} The certified question in case No. 2011–1097 is answered in the negative, and the cross-appellants' first proposition of law in case No. 2011–1120 is sustained. Appellant's discretionary appeal in case No. 2011–1120 is moot. The judgment of the court of appeals is reversed, and the cause is remanded for application of Havel v. Villa St. Joseph, 131 Ohio St.3d 235, 2012-Ohio-552, 963 N.E.2d 1270.
Judgment reversed and cause remanded.