Ohio Supreme Court, 2002

Geggie v. Cooper Tire & Rubber Co.

Geggie v. Cooper Tire & Rubber Co.
Ohio Supreme Court · Decided June 19, 2002 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
95 Ohio St. 3d 1223

Geggie v. Cooper Tire & Rubber Co.

Opinion of the Court

{¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

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

Dissenting Opinion

Pfeifer, J.,

dissenting.

{¶ 2} I dissent from the majority’s decision to declare that this case was improvidently allowed. While it is not possible to determine whether Geggie’s claim is meritorious, I believe her pleadings were sufficient, pursuant to Fyffe v. Jeno’s, Inc. (1991), 59 Ohio St.3d 115, 570 N.E.2d 1108, paragraphs one and two of the syllabus, to survive a Civ.R. 12(B)(6) motion for dismissal.

Resnick, J., concurs in the foregoing dissenting opinion.

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