Geggie v. Cooper Tire & Rubber Co.

Ohio Supreme Court

Geggie v. Cooper Tire & Rubber Co.

2002 Ohio 2583, 95 Ohio St. 3d 1223

CourtOhio Supreme Court

DecidedJune 19, 2002

Docket2001-1695

StatusPublished

This text of 2002 Ohio 2583 (Geggie v. Cooper Tire & Rubber Co.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Geggie v. Cooper Tire & Rubber Co., 2002 Ohio 2583, 95 Ohio St. 3d 1223 (Ohio 2002).

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[This decision has been published in Ohio Official Reports at 95 Ohio St.3d 1223.]

GEGGIE, A.K.A. GEGGIEE, ADMR., APPELLANT, v. COOPER TIRE & RUBBER COMPANY, APPELLEE. [Cite as Geggie v. Cooper Tire & Rubber Co., 2002-Ohio-2583.] Appeal dismissed as improvidently allowed. (No. 2001-1695—Submitted April 23, 2002—Decided June 19, 2002.) APPEAL from the Court of Appeals for Hancock County, No. 5-01-13, 2001-Ohio-2208. __________________ {¶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. __________________ Siferd & McCluskey, L.P.A., and Richard E. Siferd; and Samuel W. Diller, for appellant. Jones, Day, Reavis & Pogue, Robert S. Walker and Colleen Conley; and Gregory E. Meyers, for appellee. SUPREME COURT OF OHIO

Vorys, Sater, Seymour & Pease, L.L.P., Robin R. Obetz and Robert A. Minor, urging affirmance for amicus curiae Ohio Self-Insurers’ Assn. __________________

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[This decision has been published in Ohio Official Reports at 95 Ohio St.3d 1223.]

GEGGIE, A.K.A. GEGGIEE, ADMR., APPELLANT, v. COOPER TIRE & RUBBER COMPANY, APPELLEE. [Cite as Geggie v. Cooper Tire & Rubber Co., 2002-Ohio-2583.] Appeal dismissed as improvidently allowed. (No. 2001-1695—Submitted April 23, 2002—Decided June 19, 2002.) APPEAL from the Court of Appeals for Hancock County, No. 5-01-13, 2001-Ohio-2208. __________________ {¶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. __________________ Siferd & McCluskey, L.P.A., and Richard E. Siferd; and Samuel W. Diller, for appellant. Jones, Day, Reavis & Pogue, Robert S. Walker and Colleen Conley; and Gregory E. Meyers, for appellee. SUPREME COURT OF OHIO

Vorys, Sater, Seymour & Pease, L.L.P., Robin R. Obetz and Robert A. Minor, urging affirmance for amicus curiae Ohio Self-Insurers’ Assn. __________________

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