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ROBINSON v. B.O.C. GROUP

Nos. 96-2634 and 96-2778.

81 Ohio St.3d 361 (1998)

ROBINSON, APPELLEE, v. B.O.C. GROUP, GENERAL MOTORS CORPORATION, APPELLANT.

Supreme Court of Ohio.

Decided April 8, 1998.

Attorney(s) appearing for the Case

Gemma & Gemma and Anthony N. Gemma, for appellee.

Vorys, Sater, Seymour & Pease and F. Daniel Balmert, for appellant.

Stewart Jaffy & Associates Co., L.P.A., Stewart R. Jaffy and Marc J. Jaffy, urging affirmance for amicus curiae, Ohio Academy of Trial Lawyers.

Reminger & Reminger Co., L.P.A., and William R. Thomas, urging reversal for amicus curiae, ABF Freight System, Inc.

Vorys, Sater, Seymour & Pease, Robert A. Minor and Robin R. Obetz, urging reversal for amici curiae, Ohio Manufacturers' Association and Ohio Self-Insurers' Association.

ALICE ROBIE RESNICK, J.

The issue certified is as follows:

"When an employer has appealed a decision of the Industrial Commission to a court of common pleas under R.C. 4123.512, can the court of common pleas subsequently grant a motion to voluntarily dismiss the employee's complaint without prejudice under Civ.R. 41(A)(2)?"

R.C. 4123.512(A) provides that "[t]he claimant or the employer may appeal an order of the industrial commission * * * to the court...

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