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MODZELEWSKI v. YELLOW FREIGHT SYSTEMS, INC.

No. 2003-0664.

102 Ohio St.3d 192 (2004)

2004-Ohio-2365

Modzelewski, Appellee, v. Yellow Freight Systems, Inc. et al.; United Parcel Service, Inc., Appellant.

Supreme Court of Ohio.

Decided May 26, 2004.

Attorney(s) appearing for the Case

Gary W. Kisling, Akron, for appellee.

Garvin & Hickey, L.L.C., Michael J. Hickey, Daniel M. Hall, Columbus, Sandee E.B. Reim and Preston J. Garvin, Dublin, for appellant United Parcel Service, Inc.

Paul W. Flowers Co., L.P.A., W. Craig Bashein and Paul W. Flowers, Cleveland, urging affirmance for amicus curiae Ohio Academy of Trial Lawyers.

Alice Robie Resnick, J.

{¶ 1} This appeal involves the constitutionality of former R.C. 4123.93, which again became effective when we declared its successor, R.C. 4123.931, unconstitutional in Holeton v. Crouse Cartage Co. (2001), 92 Ohio St.3d 115, 748 N.E.2d 1111.

{¶ 2} On February 10, 1998, appellee, Gregory Modzelewski, received a number of injuries in the...

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