Ohio Supreme Court, 2002

State ex rel. Butler v. Roadway Express, Inc.

Ohio Supreme Court · Decided May 29, 2002 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

95 Ohio St. 3d 362

Cases that cite this one

1 later published case cites this decision.

State ex rel. Butler v. Roadway Express, Inc. (Ohio 2002)

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Dissenting Opinion

Lundberg Stratton, J.,

dissenting.

{¶ 2} I respectfully dissent and would affirm the judgment of the court of appeals.

Moyer, C.J., and Cook, J., concur in the foregoing dissenting opinion. Taft, Stettinius & Hollister, L.L.P., and Cynthia C. Felson, for appellee Roadway Express, Inc. Betty D. Montgomery, Attorney General, and Jeffrey B. Hartranft, Assistant Attorney General, for appellee Industrial Commission of Ohio.

Opinion of the Court

{¶ 1} The judgment of the court of appeals is reversed. The cause is returned to the Industrial Commission for relief consistent with State ex rel. Gay v. Mihm (1994), 68 Ohio St.3d 315, 626 N.E.2d 666.

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

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