Opinion
No. 95-1130
Submitted at the New Philadelphia Session April 17, 1996 —
Decided June 12, 1996.
APPEAL from the Court of Appeals for Richland County, No. 94-CA-69.
Clark, Perdue, Roberts Scott Co., L.P.A., and Edward L. Clark, for appellant.
Sauter Hohenberger and Kenneth R. Beddow, for appellee.
The appeal is dismissed, sua sponte, as having been improvidently allowed.
MOYER, C.J., F.E. SWEENEY, PFEIFER, COOK and STRATTON, JJ., concur.
DOUGLAS, J., dissents.
RESNICK, J., dissents separately.
I would reverse the court of appeals' judgment. Summary judgment should not have been granted, since there was a genuine issue of material fact. Additionally, reviewing this case would give us an opportunity to restrict Marchetti v. Kalish (1990), 53 Ohio St.3d 95, 559 N.E.2d 699.