Ohio Supreme Court, 1993

Addison v. Ohio River Co.

Addison v. Ohio River Co.
Ohio Supreme Court · Decided July 28, 1993 · Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright
67 Ohio St. 3d 1201; 615 N.E.2d 624
Addison v. Ohio River Co.

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Opinion of the Court

This cause is dismissed, sua sponte, as having been improvidently allowed.

AW. Sweeney, Douglas, Resnick and F.E. Sweeney, JJ., concur. Moyer, C.J., and Wright, J., dissent with opinion. Pfeifer, J., dissents.

Dissenting Opinion

Wright, J.,

dissenting. As to the claims against appellant Consolidated Grain & Barge Company (“CGB”), the court of appeals misapplied Ohio’s summary judgment standard. Based on the Civ.R. 56(C) materials before the trial court, no reasonable mind could conclude that CGB was liable to the third-party plaintiffs. I feel that the court of appeals’ error was significant given the importance of summary judgment in our judicial system. This court should have reached the merits and reversed the judgment of the court of appeals. I respectfully dissent.

Moyer, C.J., concurs in the foregoing dissenting opinion.

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