Spangler v. Kehres (75 Ohio St. 3d 1218, 1996)

Supreme Court of Ohio 1996-06-12

Citations

Full opinion text

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.

Alice Robie Resnick, J.,

dissenting. 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.