539 N.E.2d 628
No. 88-924Supreme Court of Ohio.Submitted April 4, 1989 —
Decided June 14, 1989.
Workers’ compensation — Ledex rule applied.
APPEAL from the Court of Appeals for Montgomery County, No. CA 10675.
Vorys, Sater, Seymour Pease, Russell P. Herrold, Jr., an Carl D. Smallwood, for appellee.
Frutig, Polito Travis Co., L.P.A., Thomas R. Frutig an Dennis P. Zapka, for appellant Hayward Baker Company.
Bieser, Greer Landis, David C. Greer and Geoffrey P. Walker, for appellant Carlisle Construction Company.
Pickrel, Schaeffer Ebeling and William L. Havemann, for appellant Koehring Company.
On authority of Cincinnati Bell Tel. Co. v. Straley (1988), 40 Ohio St.3d 372, 533 N.E.2d 764, the trial court’s grant of summary judgment as to all defendants is reinstated. The appellate decision is reversed as to Koehring Company and Carlisle Construction Company, and is reversed on the tort issue as to Hayward Baker Company. That portion of the appellate court’s judgment involving a contract issue between Marriott Corporation and Hayward Baker Company is affirmed, and the question involving a contract issue is remanded to the trial court for further consideration in light of Straley.
MOYER, C.J., SWEENEY, DOUGLAS, H. BROWN and RESNICK, JJ., concur.
HOLMES and WRIGHT, JJ., dissent.