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.