Opinion
No. 2005-1247.
September 7, 2005.
Montgomery App. No. 20651, 161 Ohio App.3d 444, 2005-Ohio-2773.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals' Decision and Entry filed July 1, 2005:
"Under the former R.C. 2744.02(B)(3), is a political subdivision liable for injury, death, or loss resulting from a nuisance that exists on public grounds within the political subdivision where the injury, death, or loss caused thereby occurs outside the political subdivision?"
RESNICK, PFEIFER and O'CONNOR, JJ., dissent.
The conflict case is Kareth v. Toyota Motor Sales (Sept. 28, 1998), Clermont App. No. CA98-01-011.
Sua sponte, cause consolidated with 2005-1194, Sherwin Williams Co. v. Dayton Freight Lines, Montgomery App. No. 20651, 161 Ohio App.3d 444, 2005-Ohio-2773.