HOOPS v. UNITED TEL. CO. OF OHIO

No. 88-1871.

50 Ohio St. 3d 97 (1990)

HOOPS, APPELLANT, v. UNITED TELEPHONE COMPANY OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided April 11, 1990.


Attorney(s) appearing for the Case

Spitler, Vogtsberger & Huffman, Daniel T. Spitler, Law Offices of Andrew J. Ruzicho, Louis A. Jacobs, Spater, Gittes & Terzian and Frederick M. Gittes, for appellant.

Fuller & Henry, Charles R. Leech, Jr. and Stephen J. Stanford, for appellee.

Porter, Wright, Morris & Arthur, Bradd N. Siegel and Donald C. Slowik, urging affirmance for amicus curiae, Ohio Chamber of Commerce.


HOLMES, J.

The appellant sets forth two propositions of law:

"Proposition of Law No. 1: Section 5 of Article I of the Constitution of Ohio guarantees the right of trial by jury in those cases of the kind triable by a jury prior to its adoption."

"Proposition of Law No. 2: R.C. 4101.17 establishes a civil action for damages of the kind triable by a jury prior to the adoption of Section 5 of Article I of the Constitution of Ohio."

...

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