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R.H. MACY & CO. v. OTIS ELEVATOR CO.

No. 89-671.

51 Ohio St. 3d 108 (1990)

R.H. MACY & COMPANY, INC. ET AL., APPELLANTS, v. OTIS ELEVATOR COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided May 23, 1990.

Attorney(s) appearing for the Case

Cooper, Straub, Walinski & Cramer, J. Michael Vassar and Keith J. Winterhalter, for appellants.

Schell & Schaefer and Gene A. Zmuda, for appellee.

DOUGLAS, J.

As a preliminary matter, Macy contends that the court of appeals could not properly consider the affidavit of Judge Riley which was executed after the jury verdict and which was not part of the trial court record. We find that the court of appeals improperly relied on the affidavit, although our finding is not dispositive of the present appeal.

In State v. Ishmail (1978), 54 Ohio St.2d 402

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