EX REL. SMITH v. VEACH TRUCKING, INC., 111 Ohio St.3d 261 (2006)

2006-Ohio-5697

THE STATE EX REL. SMITH, APPELLANT, v. VEACH TRUCKING, INC. ET AL., APPELLEES,

No. 2005-1808.Supreme Court of Ohio.Submitted September 19, 2006.
Decided November 15, 2006.

APPEAL from the Court of Appeals for Franklin County, No. 04AP-1229, 2005-Ohio-4923.

{¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals.

MOYER, C.J., LUNDBERG STRATTON, O’CONNOR, O’DONNELL and LANZINGER, JJ., concur.

RESNICK and PFEIFER, JJ., dissent and would reverse the judgment of the court of appeals.

Angela D. Marinakis, for appellant.

Jim Petro, Attorney General, and Sue A. Wetzel, Assistant Attorney General, for appellee Industrial Commission of Ohio.