Citations
- 95 Ohio St. 3d 1223
Full opinion text
{¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.
Moyer, C.J., Douglas, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur.
Resnick and Pfeifer, JJ., dissent.
Pfeifer, J.,
dissenting.
{¶ 2} I dissent from the majority’s decision to declare that this case was improvidently allowed. While it is not possible to determine whether Geggie’s claim is meritorious, I believe her pleadings were sufficient, pursuant to Fyffe v. Jeno’s, Inc. (1991), 59 Ohio St.3d 115, 570 N.E.2d 1108, paragraphs one and two of the syllabus, to survive a Civ.R. 12(B)(6) motion for dismissal.
Resnick, J., concurs in the foregoing dissenting opinion.