Opinion
No. 2008-2106.
March 25, 2009.
Summit App. No. 23909, 2008-Ohio-4689.
APPEALS ACCEPTED FOR REVIEW.
Discretionary cross-appeal accepted on Proposition of Law No. I.
PFEIFER, LUNDBEBG STRATTON, and O'DONNELL, JJ., dissent.
Appellee/cross-appellants' motion to clarify the docket is granted. The court determines that a conflict exists, and the court will answer the question certified. The parties are to brief the issue stated at page 1 of the court of appeals Journal Entry filed October 21, 2008, as follows:
"Whether a plaintiff pursuing a claim for bodily injury damages in a case involving a dog [is] required to elect between pursuing a statutory claim under R.C. 955.28 and a common law claim for negligence."
The conflict case is Rodenberger v. Wadsworth (Nov. 25, 1983), Ottawa App. No. OT-83-18. The Clerk shall issue an order for the transmittal of the record from the Court of Appeals for Summit County, and the parties shall brief this case in accordance with the Rules of Practice of the Supreme Court of Ohio.
PFEIFER, LUNDBERG STRATTON, and O'DONNELL, JJ., dissent.
Discretionary appeal not accepted.