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STATE EX REL. QUALITY TOWER SERV., INC. v. INDUS. COMM.

No. 98-1117.

88 Ohio St.3d 190 (2000)

THE STATE EX REL. QUALITY TOWER SERVICE, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 15, 2000.

Attorney(s) appearing for the Case

Gibson & Robbins-Penniman, J. Miles Gibson and Kelly A. Willis, for appellant.

Betty D. Montgomery, Attorney General, and Gerald H. Waterman, Assistant Attorney General, for appellee Industrial Commission of Ohio.

Kegler, Brown, Hill & Ritter and Timothy T. Tullis, for appellee Theresa Garaux.

W. Michael Shay, for appellee Richard D. Reed.

Per Curiam.

The dispositive issue in this case is: Did QTS comply with Ohio Adm.Code 4121:1-3-08(G) so that it is not responsible for the alleged VSSRs? For the following reasons, we hold that QTS did comply with this specific safety regulation and that Garaux unilaterally violated the rule. Accordingly, we reverse the court of appeals' judgment and grant the requested writ of mandamus.

QTS contends that it complied with Ohio Adm.Code 4121...

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