In re Estate of Stewart

2001 Ohio 185, 92 Ohio St. 3d 239

• Court: Ohio Supreme Court
• Decided: July 11, 2001
• Docket: 2000-1233
• Status: Published

Opinion

[This decision has been published in Ohio Official Reports at 92 Ohio St.3d 239.]

IN RE ESTATE OF STEWART, DECEASED. [Cite as In re Estate of Stewart, 2001-Ohio-185.] Workers’ compensation—Subrogation right of statutory subrogee against third party–Court of appeals’ judgment reversed and judgment of trial court reinstated on authority of Holeton v. Crouse Cartage Co. (No. 00-1233—Submitted June 20, 2001—Decided July 11, 2001.) APPEAL from the Court of Appeals for Lorain County, No. 99CA007422. __________________ {¶ 1} The judgment of the court of appeals is reversed, and the judgment of the trial court is reinstated on the authority of Holeton v. Crouse Cartage Co. (2001), 92 Ohio St.3d 115, 748 N.E.2d 1111. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. COOK, J., dissents. LUNDBERG STRATTON, J., dissents. __________________ LUNDBERG STRATTON, J., dissenting. {¶ 2} I respectfully dissent for the reasons set forth in the dissenting opinions of Chief Justice Moyer and Justice Cook in Holeton v. Crouse Cartage Co. (2001), 92 Ohio St.3d 115, 135-142, 748 N.E.2d 1111, 1128-1135. __________________ Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., David M. Paris and Kathleen J. St. John, for appellant. __________________