Luri v. Republic Servs., Inc.

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Luri v. Republic Servs., Inc., Slip Opinion No. 2012-Ohio-2914.] 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. 2012-OHIO-2914 LURI, APPELLEE AND APPELLANT-CROSS-APPELLEE, v. REPUBLIC SERVICES, INC. ET AL., APPELLANTS AND APPELLEES-CROSS-APPELLANTS. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Luri v. Republic Servs., Inc., Slip Opinion No. 2012-Ohio-2914.] Court of appeals judgment reversed and cause remanded for application of Havel v. Villa St. Joseph. (Nos. 2011-1097 and 2011-1120 Submitted June 19, 2012 Decided July 3, 2012.) APPEAL and CROSS-APPEAL from and CERTIFIED by the Court of Appeals for Cuyahoga County, No. 94908, 193 Ohio App.3d 682, 2011-Ohio-2389. __________________ Per Curiam. {¶ 1} The certified question in case No. 2011-1097 is answered in the negative, and the cross-appellants first proposition of law in case No. 2011-1120 is sustained. Appellant s discretionary appeal in case No. 2011-1120 is moot. The judgment of the court of appeals is reversed, and the cause is remanded for SUPREME COURT OF OHIO application of Havel v. Villa St. Joseph, 131 Ohio St.3d 235, 2012-Ohio-552, 963 N.E.2d 1270. Judgment reversed and cause remanded. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Tucker, Ellis & West, L.L.P., Irene C. Keyse-Walker, and Benjamin C. Sassé, for appellee in case No. 2011-1097 and for appellant and cross-appellee in case No. 2011-1120. Squire, Sanders & Dempsey, L.L.P, Robin G. Weaver, Stephen P. Anway, and Trevor G. Covey, for appellants in case No. 2011-1097 and for appellees and cross-appellants in case No. 2011-1120. _____________________ 2

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