CINCINNATI BELL TEL. CO. v. STRALEY

Nos. 88-95, 88-114, 88-169, 88-217 and 88-268.

40 Ohio St. 3d 372 (1988)

CINCINNATI BELL TELEPHONE COMPANY, APPELLEE, v. STRALEY ET AL., APPELLANTS. CONSOLIDATED FREIGHTWAYS, INC., APPELLANT, v. CAROLINA FREIGHT ET AL., APPELLEES. ATHENS BOTTLING COMPANY, APPELLANT, v. SOUTH END BEVERAGE, INC. ET AL., APPELLEES. ROADWAY EXPRESS, INC., APPELLANT, v. COUSINO ET AL., APPELLEES. GOLD CIRCLE STORES, DIVISION OF FEDERATED DEPARTMENT STORES, INC., APPELLANT, v. GRAHAM, APPELLEE.

Supreme Court of Ohio.

Decided December 30, 1988.


Attorney(s) appearing for the Case

Frost & Jacobs and Donald McG. Rose, for appellee in case No. 88-95.

McIntosh, McIntosh & Knabe and Arthur T. Knabe, for appellant in case No. 88-95.

Reminger & Reminger Co., L.P.A., and Nicholas D. Satullo, for appellant in case No. 88-114.

Nukes & Perantinides Co., L.P.A., Chris T. Nolan and Samuel G. Casolari, Jr., for appellee Carolina Freight in case No. 88-114.

Ronald B. Lee and Maryellen C. Spirito, for appellee Howard Schenk in case No. 88-114.

Michael R. Eckhart, urging reversal for amicus curiae, Prudential Insurance Company in case No. 88-114.

Porter, Wright, Morris & Arthur, Charles, J. Kurtz III and Darrell R. Shepard, for appellant in case No. 88-169.

Arter & Hadden, Louis E. Gerber and Nancy Manougian, for appellees in case No. 88-169.

Eastman & Smith, James F. Nooney and Thomas J. Gibney, for appellant in case No. 88-217.

Robinson, Curphey & O'Connell and David W. Stuckey, for appellee Roland Cousino in case No. 88-217.

Williams, Jilek & Lafferty Co. and Alan L. Mollenkamp, for appellees Ernie and Wilma Rowe in case No. 88-217.

Stanley R. Stein, for appellant in case No. 88-268.

Robert G. Leland, Pickrel, Schaeffer & Ebeling and John W. Slagle, for appellee in case No. 88-268.


LOCHER, J.

The primary issue presented in these actions is whether a self-insured employer under the workers' compensation laws which has paid medical expenses and other related workers' compensation benefits to an injured employee may recover damages against a third party who negligently caused the injury to the employee in the absence of any legal relationship based on contract or warranty between the employer and...

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