Mullins v. Rio Algom, Inc.

Ohio Supreme Court April 28, 1999

Mullins v. Rio Algom, Inc., 85 Ohio St. 3d 361 (Ohio 1999)

708 N.E.2d 706

Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

Opinion of the Court

The United States District Court for the Southern District of Ohio, Western Division, has certified the following question to us:

“Is Section 2745.01 of the Ohio Revised Code unconstitutional under state law thereby rendering Ohio Revised Code Section 2305.11.2 null and void?”

The certified question is answered in the affirmative on the authority of Johnson v. BP Chemicals, Inc. (1999), 85 Ohio St.3d 298, 707 N.E.2d 1107.

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

Dissenting Opinion

Lundberg Stratton, J.,

dissenting. I respectfully dissent for the reasons set forth in my dissenting opinion in Johnson v. BP Chemicals, Inc. (1999), 85 Ohio St.3d 298, 707 N.E.2d 1107.

Reference

Cited By: 4 cases
Status: Published