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HIATT v. S. HEALTH FACILITIES, INC.

No. 92-2534.

68 Ohio St.3d 236 (1994)

HIATT, ADMR., APPELLEE, v. SOUTHERN HEALTH FACILITIES, INC. ET AL.; TOOMBS, APPELLANT.

Supreme Court of Ohio.

Decided February 9, 1994.

Attorney(s) appearing for the Case

Richard W. Campbell, for appellee.

Bannon, Howland & Dever and Robert E. Dever, for appellant.

Sowash, Carson & Shostak Co., L.P.A., Herman A. Carson and Robert J. Shostak, urging affirmance for amicus curiae, Ohio Academy of Trial Lawyers.

FRANCIS E. SWEENEY, SR., J.

The issue certified to this court is essentially whether R.C. 2307.42 is invalid and of no force and effect by virtue of Section 5(B), Article IV of the Ohio Constitution, for being in direct conflict with Civ.R. 11. For the following reasons we hold that R.C. 2307.42 is in conflict with Civ.R. 11 and is invalid and of no force and effect.

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