Beary v. Larry Murphy Dump Truck Serv., Inc.

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Beary v. Larry Murphy Dump Truck Serv., Inc., Slip Opinion No. 2012-Ohio-5626.] 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-5626 BEARY v. LARRY MURPHY DUMP TRUCK SERV., INC., ET AL. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Beary v. Larry Murphy Dump Truck Serv., Inc., Slip Opinion No. 2012-Ohio-5626.] (No. 2011-1899 Submitted December 4, 2012 Decided December 5, 2012. APPEAL from the Court of Appeals for Stark County, No. 2011-CA-00048, 2011-Ohio-4977. __________________ {¶ 1} Sua sponte, the judgment of the court of appeals is reversed on the authority of Hewitt v. L.E. Meyers, ___ Ohio St.3d ___, 2012-Ohio-5317, ___ N.E.2d ___, and the cause is remanded to the trial court to apply this court s decision in Hewitt to determine whether the back-up alarm is an equipment safety guard. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Young & Sucher, P.L.L., and Daniel M. Sucher, for appellant. SUPREME COURT OF OHIO Hanna, Campbell, & Powell, L.L.P., Kenneth A. Calderone, and John R. Chlysta, for appellees. Andrew Cooke & Assoc., L.L.C., Adam J. Bennett, and Andrew P. Cooke, Special Counsel for the Ohio Attorney General, for the Ohio Bureau of Workers Compensation. ______________________ 2

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