Klaus v. United Equity, Inc.
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Klaus v. United Equity, Inc., Slip Opinion No. 2010-Ohio-1014.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2010-OHIO-1014 KLAUS, APPELLEE, v. UNITED EQUITY, INC., APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Klaus v. United Equity, Inc., Slip Opinion No. 2010-Ohio-1014.] Court of appeals judgment reversed, and cause remanded to the court of appeals to apply Kaminski v. Metal & Wire Prods. Co. and Stetter v. R.J. Corman Derailment Servs., L.L.C. (No. 2008-0894 Submitted February 18, 2009 Decided March 23, 2010.) APPEAL from the Court of Appeals for Allen County, No. 1-07-63, 2008-Ohio-1344. __________________ {ΒΆ 1} The judgment of the court of appeals is reversed, and the cause is remanded to the court of appeals to apply Kaminski v. Metal & Wire Prods. Co., ___ Ohio St.3d ___, 2010-Ohio-1027, ___ N.E.2d ___, and Stetter v. R.J. Corman Derailment Servs., L.L.C., ___ Ohio St.3d ___, 2010-Ohio-1029, ___ N.E.2d ___. MOYER, C.J., and LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. SUPREME COURT OF OHIO PFEIFER, J., dissents for the reasons stated in his dissenting opinions in Kaminski v. Metal & Wire Prods. Co. and Stetter v. R.J. Corman Derailment Servs., L.L.C. __________________ Rumer & Maisch Co., L.L.C., Victoria U. Maisch, and Michael A. Rumer, for appellee. Ulmer & Berne, L.L.P., Brian N. Ramm, and Elizabeth A. Harvey; and Borgstahl & Zychowicz, Ltd., and Michael J. Zychowicz, for appellant. ______________________ 2
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