CITY OF BEDFORD HTS. v. FRANCE

No. 92-1161.

67 Ohio St.3d 55 (1993)

CITY OF BEDFORD HEIGHTS, APPELLEE, v. FRANCE ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided August 11, 1993.


Attorney(s) appearing for the Case

Charles E. Merchant and Katharine Lang Bettasso, for appellee.

Lee Fisher, Attorney General, and Diane J. Karpinski, Assistant Attorney General, for appellants Administrator, Bureau of Workers' Compensation and Industrial Commission.

Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., Robert Shepard, John A. Sivinski and Thomas M. Wilson, for appellants Mary France McNerney and Ryan France.

Stewart Jaffy & Assoc. Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging reversal for amici curiae, Ohio AFL-CIO and Ohio Academy of Trial Lawyers.


A. WILLIAM SWEENEY, J.

In our view, the court of appeals majority did nothing more than reweigh the evidence and substitute its judgment for that of the trier of fact. Therefore, for the reasons that follow, we reverse the judgment of the court of appeals and reinstate the trial court's judgment.

The version of R.C. 4123.68 in effect at the time of decedent's death provided as follows:

"Every employee who is disabled because of the contraction of an...

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