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Skidmore v. Stacey

Court of Appeals of Ohio, First District, Hamilton County
May 28, 1999
Appeal No. C-980678 Trial No. A-96001595 (Ohio Ct. App. May. 28, 1999)

Opinion

Appeal No. C-980678 Trial No. A-96001595

May 28, 1999.

George B. Wilkinson, for Third-Party Plaintiff-Appellant.

Gregory E. Hull, for Plaintiff-Appellee.


MEMORANDUM DECISION AND JUDGMENT ENTRY.


Third-party plaintiff-appellant American Nursing Care, Inc., appeals from the dismissal of its complaint and subrogation claim for workers' compensation benefits paid on behalf of plaintiff-appellee Kathy J. Skidmore, who was injured on March 26, 1994, in an automobile accident. The August 10, 1998, order of dismissal by the Hamilton County Court of Common Pleas was prompted by its conclusion that the injury occurred before the effective date of former R.C. 4123.93, which conferred a right of subrogation upon self-insuring employers. Subsequently, in Laidlaw Waste Systems, Inc. v. Consol. Rail Corp. (1999), 85 Ohio St.3d 413, 709 N.E.2d 124, syllabus, the Ohio Supreme Court held, "The effective date of former R.C. 4123.93, as enacted by Am.Sub.H.B. No. 107, is October 20, 1993." We sua sponte remove this cause from the accelerated calendar. On the authority of Laidlaw, the judgment is reversed and the cause is remanded to the trial court for further proceedings.

And the Court, being of the opinion that there were reasonable grounds for this appeal, allows no penalty. It is further Ordered that costs be taxed in compliance with App.R. 24, that a copy of this Memorandum Decision and Judgment Entry shall constitute the mandate, and that said mandate shall be sent to the trial court for execution pursuant to App.R. 27.

Judgment reversed and cause remanded.

Hildebrandt, P.J., Gorman and Sundermann, JJ.

To the Clerk: Enter upon the Journal of the Court on May 28, 1999 per order of the Court ______________________. Presiding Judge


Summaries of

Skidmore v. Stacey

Court of Appeals of Ohio, First District, Hamilton County
May 28, 1999
Appeal No. C-980678 Trial No. A-96001595 (Ohio Ct. App. May. 28, 1999)
Case details for

Skidmore v. Stacey

Case Details

Full title:KATHY J. SKIDMORE, Plaintiff-Appellee and AMERICAN NURSING CARE, INC.…

Court:Court of Appeals of Ohio, First District, Hamilton County

Date published: May 28, 1999

Citations

Appeal No. C-980678 Trial No. A-96001595 (Ohio Ct. App. May. 28, 1999)