Smith v. Inland Paperboard & Packaging, Inc.
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Smith v. Inland Paperboard & Packaging, Inc., Slip Opinion No. 2010-Ohio-3133.] 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-3133 SMITH, APPELLANT, ET AL., v. INLAND PAPERBOARD & PACKAGING, INC., ET AL., APPELLEES. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Smith v. Inland Paperboard & Packaging, Inc., Slip Opinion No. 2010-Ohio-3133.] Certified question answered in the affirmative and judgment of the court of appeals affirmed on the authority of Kaminski v. Metal & Wire Prods. Co. and Stetter v. R.J. Corman Derailment Servs., L.L.C. (Nos. 2009-1471 and 2009-1546 Submitted March 31, 2010 Decided July 8, 2010.) CERTIFIED by and APPEAL from the Court of Appeals for Portage County, No. 2008-P-0072, 2009-Ohio-3148. __________________ {¶ 1} The certified question is answered in the affirmative and the judgment of the court of appeals is affirmed on the authority of Kaminski v. Metal & Wire Prods. Co., 125 Ohio St.3d 250, 2010-Ohio-1027, 927 N.E.2d 1066, and SUPREME COURT OF OHIO Stetter v. R.J. Corman Derailment Servs., L.L.C., 125 Ohio St.3d 280, 2010-Ohio1029, 927 N.E.2d 1092. {¶ 2} Appellant s motion for full briefing and argument or, in the alternative, for remand is denied. LUNDBERG STRATTON, O CONNOR, O DONNELL, LANZINGER, and CUPP, JJ., concur. PFEIFER, J., dissents for the reasons stated in his dissenting opinions in Kaminski v. Metal & Wire Prods. Co. and R.J. Corman Derailment Servs. BROWN, C.J., not participating. __________________ Paul W. Flowers Co., L.P.A., and Paul W. Flowers; and Webster, Dubyak & Weyls Co., L.P.A., and John R. Liber II, for appellant. Kastner, Westman & Wilkins, L.L.C., Keith L. Pryatel, and Thomas Evan Green, for appellees. ______________________ 2
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