Mullins v. Rio Algom, Inc., 85 Ohio St. 3d 361

Mullins v. Rio Algom, Inc.

85 Ohio St. 3d 361

Ohio

1999

Check Treatment

Lead Opinion

The United States District Court for the Southern District of Ohio, Western Division, has certified the following question to us:

“Is Section 2745.01 of the Ohio Revised Code unconstitutional under state law thereby rendering Ohio Revised Code Section 2305.11.2 null and void?”

The certified question is answered in the affirmative on the authority of Johnson v. BP Chemicals, Inc. (1999), 85 Ohio St.3d 298, 707 N.E.2d 1107.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur. Lundberg Stratton, J., dissents.

Dissenting Opinion

Lundberg Stratton, J.,

dissenting. I respectfully dissent for the reasons set forth in my dissenting opinion in Johnson v. BP Chemicals, Inc. (1999), 85 Ohio St.3d 298, 707 N.E.2d 1107.