Ohio Supreme Court, 1997

Castle Nursing Homes, Inc. v. Sullivan

Ohio Supreme Court · Decided July 23, 1997 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

79 Ohio St. 3d 230; 680 N.E.2d 1207

Cases that cite this one

3 later published cases cite this decision.

Mutters v. White Castle, Unpublished Decision (10-15-1999) (Ohio Ct. App. 1999)
Castle Nursing Homes, Inc. v. Sullivan (Ohio 1997)
Castle Nursing Homes, Inc. v. Sullivan (Ohio 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The appeal is dismissed, sua sponte, as having been improvidently allowed on Propositions of Law Nos. I through IV.

The judgment of the court of appeals is reversed on Proposition of Law No. V and remanded for reconsideration in light of our decision in Goldfuss v. Davidson (1997), 79 Ohio St.3d 116, 679 N.E.2d 1099.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Cook and Lundberg Stratton, JJ., concur in part and dissent in part.

Concurring in Part

Cook, J.,

concurring in part and dissenting in part. Because the appellate court did not invoke the plain-error doctrine to reverse the jury’s duplicative damage awards on the alternative theories of breach of contract and promissory estoppel, but instead found that Castle Nursing Homes, Inc. did not invite error in the first instance, Goldfuss v. Davidson (1997), 79 Ohio St.3d 116, 679 N.E.2d 1099, is inapposite to this case. Accordingly, I would dismiss the case as improvidently allowed on all propositions of law.

Lundberg Stratton, J., concurs in the foregoing opinion.

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