Ohio Supreme Court, 1994

Case v. Norfolk & W. Ry. Co.

Case v. Norfolk & W. Ry. Co.
Ohio Supreme Court · Decided May 10, 1994
1994 Ohio 493

Case v. Norfolk & W. Ry. Co.

Opinion

OPINIONS OF THE SUPREME COURT OF OHIO The full texts of the opinions of the Supreme Court of Ohio are being transmitted electronically beginning May 27, 1992, pursuant to a pilot project implemented by Chief Justice Thomas J. Moyer.

Please call any errors to the attention of the Reporter's Office of the Supreme Court of Ohio. Attention: Walter S.

Kobalka, Reporter, or Deborah J. Barrett, Administrative Assistant. Tel.: (614) 466-4961; in Ohio 1-800-826-9010.

Your comments on this pilot project are also welcome.

NOTE: Corrections may be made by the Supreme Court to the full texts of the opinions after they have been released electronically to the public. The reader is therefore advised to check the bound volumes of Ohio St.3d published by West Publishing Company for the final versions of these opinions.

The advance sheets to Ohio St.3d will also contain the volume and page numbers where the opinions will be found in the bound volumes of the Ohio Official Reports.

Case, Admr., et al., Appellees, v. Norfolk and Western Railway Company, Appellant; Robinson, Admr., Appellee. [Cite as Case v. Norfolk & W. Ry. Co. (1994), Ohio St.3d .]

Appeal dismissed for want of final appealable order. (No. 91-2476 -- Submitted December 7, 1993 -- Decided May 11, 1994.)

Appeal from the Court of Appeals for Sandusky County, No. S-90-24.

Klineman, Rose, Wolf & Wallack, Jeffrey R. Gaither and John L. Stewart; Rodney M. Arthur Co., L.P.A., and Joseph W.

O'Neil, for appellees Mildred G. Case, administrator of the estate of Melanie D. Hay, and Jessie L. Case, administrator of the estates of Timothy R. and Chad A. Keller.

Robison, Curphey & O'Connell, Jack Zouhary and Jean Ann S.

Sieler, for appellant.

Gregory L. Arnold; Winchester & Associates and Mark A.

Robinson, for appellee Mark A. Robinson, administrator of the estate of Kathy Ann Keller.

Lee Fisher, Attorney General, and Nancy J. Miller, Deputy Chief Counsel, urging affirmance for amicus curiae, state of Ohio. Haralson, Kinerk & Morey, P.C., Dale Haralson and Adam Levine; Arthur H. Bryant and Priscilla Budeiri, urging affirmance for amicus curiae, Trial Lawyers for Public Justice, P.C.

Schulman, Mestel & Burick Co., L.P.A., Allen Schulman, Jr., Paul O. Scott, Michael F. Colley, Robert Gibbon and Thomas Murray, urging affirmance for amici cariae, Ohio Academy of Trial Lawyers and Association of Trial Lawyers of America.

The appeal is dismissed for want of a final appealable order.

Moyer, C.J., A.W. Sweeney, Douglas, Wright, F.E. Sweeney and Pfeifer, JJ., concur.

Prior to his death while sitting for Resnick, J., John F.

Corrigan, J., of the Eighth Appellate District, participated in the decision of this cause.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.