Jodka v. Cleveland

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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Jodka v. Cleveland, Slip Opinion No. 2015-Ohio-860.] 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. 2015-OHIO-860 JODKA, APPELLANT, v. THE CITY OF CLEVELAND ET AL., APPELLEES. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Jodka v. Cleveland, Slip Opinion No. 2015-Ohio-860.] Court of appeals’ judgment reversed on the authority of Walker v. Toledo— Cause remanded. (No. 2014-0636—Submitted July 9, 2014—Decided March 12, 2015.) APPEAL from the Court of Appeals for Cuyahoga County, No. 99951, 2014-Ohio-208. ____________________ {¶ 1} This cause, here on appeal from the Court of Appeals for Cuyahoga County, was considered in the manner prescribed by law. On consideration thereof, the judgment of the court of appeals is reversed on the authority of Walker v. Toledo, ___ Ohio St.3d ___, 2014-Ohio-5461, ___ N.E.3d ___, and this cause is remanded to the trial court for further proceedings. O’CONNOR, C.J., and LANZINGER, KENNEDY, and FRENCH, JJ., concur. PFEIFER and O’NEILL, JJ., dissent. O’DONNELL, J., not participating. ________________________ SUPREME COURT OF OHIO Mayle, Ray & Mayle, L.L.C., Andrew R. Mayle, Jeremiah S. Ray, and Ronald J. Mayle; and Murray & Murray, Co., L.P.A., and John T. Murray, for appellant. Barbara Langhenry, Director of Law, and Gary Singletary, Assistant Director of Law, for appellee city of Cleveland. Baker & Hostetler, L.L.P., Gregory V. Mersol, and Chris Bator, for appellees Affiliated Computer Services, Inc., Boulder Acquisition Corp., and Xerox Corp. ________________________ 2

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