Opinion
No. 88-2193
Submitted April 4, 1989 —
Decided June 14, 1989.
Certification of questions of state law — Workers' compensation — Employer may not recover damages against third party absent legal relationship based on contract or warranty.
ON ORDER FROM THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT CERTIFYING QUESTIONS OF STATE LAW.
This cause comes before the court pursuant to newly adopted Rule XVI of the Rules of Practice of the Supreme Court. In compliance with this rule the United States Sixth Circuit Court of Appeals has certified, inter alia, the following issue to this court for our determination:
"3. Is a contract a prerequisite to an action by an employer against a third party for recovery of increased workers' compensation premiums?"
On authority of Cincinnati Bell Tel. Co. v. Straley (1988), 40 Ohio St.3d 372, 533 N.E.2d 764, we hold that an employer may not recover damages against a third party whose negligence caused an employee's injury absent a legal relationship based upon contract or warranty between the employer and the third party.
We decline to exercise our discretion under Rule XVI to address questions one and two at this time, absent a showing that there is a need to do so.
MOYER, C.J., SWEENEY, DOUGLAS, H. BROWN and RESNICK, JJ., concur.
WRIGHT, J., dissents.
HOLMES, J., not participating.
I dissent for the reasons given in Justice Holmes' dissenting opinion in Cincinnati Bell Tel. Co. v. Straley (1988), 40 Ohio St.3d 372, 382-384, 533 N.E.2d 764, 773-775.