HOLETON ET AL., PETITIONERS,
v.
CROUSE CARTAGE COMPANY ET AL.; CONRAD, ADMR., RESPONDENT.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted October 10, 2000.
Decided June 27, 2001.
Attorney(s) appearing for the Case
Shumaker, Loop & Kendrick, L.L.P., Jack G. Fynes and Stefanie E. Berk, for petitioners.
Betty D. Montgomery, Attorney General, James A. Barnes, G. James Van Heyde and James M. Evans, Assistant Attorneys General, for respondent C. James Conrad, Administrator of Workers' Compensation.
Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., Kathleen J. St. John and David M. Paris, in support of petitioners, for amicus curiae Ohio Academy of Trial Lawyers.
Manley, Burke & Lipton, Andrew S. Lipton and Steven M. Ingram, in support of petitioners, for amicus curiae Armco Employees Independent Federation, Inc.
Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, in support of petitioners, for amicus curiae Ohio AFL-CIO.
Scott, Scriven & Wahoff, L.L.P., Timothy E. Cowans, William J. Wahoff and Richard Goldberg, in support of respondent, for amicus curiae Ohio Council of Retail Merchants.
Brickler & Eckler, L.L.P., and Kurtis A. Tunnell, in support of respondent, for amicus curiae Ohio Manufacturers' Association.
Brickler & Eckler, L.L.P., Thomas R. Sant and Nan M. Still, in support of respondent, for amici curiae Ohio Chapter of the National Federation of Independent Business and Ohio Farm Bureau Federation, Inc.
Vorys, Sater, Seymour & Pease, L.L.P., Robert A. Minor and Robin R. Obetz, in support of respondent, for amici curiae Kokosing Construction Company, Inc., the Ohio Self-Insurers' Association, and the American Insurance Association.
Garvin & Hickey and Preston J. Garvin, in support of respondent, for amicus curiae Ohio Chamber of Commerce.
Vozar, Roberts & Matejczyk Co., L.P.A., Thomas J. Vozar, Glenna M. Roberts and David M. Matejczyk, in support of respondent, for amicus curiae National Association of Subrogation Professionals.
Supreme Court of Ohio.
ALICE ROBIE RESNICK, J.
This case comes to us as certified questions of state law from the United States District Court for the Northern District of Ohio, Western Division. The federal district court certified the following facts to us:
"Plaintiff, Rick Holeton, was injured on June 18, 1998. He and his plaintiff spouse, Shari, have two minor children, also plaintiffs herein. At the time of his accident, Rick was part of a construction crew employed by Harper...
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