No. 97-2328Supreme Court of Ohio.Submitted October 14, 1998
Decided December 30, 1998
Appeal dismissed as improvidently allowed.
Appeal and Cross-Appeal from the Court of Appeals for Clark County, No. 97CA0015.
Stewart Jaffy Associates Co., L.P.A., Stewart R. Jaffy, Marc J. Jaffy and Eric S. Bravo, for appellant and cross-appellee.
Betty D. Montgomery, Attorney General, and Michael A. Vanderhorst, Assistant Attorney General, for appellees and cross-appellants Administrator, Bureau of Workers’ Compensation, and Industrial Commission.
Vorys, Sater, Seymour Pease and Joseph A. Brunetto, for appellee Navistar International Transportation Corp.
The cause is dismissed, sua sponte, as having been improvidently allowed.
The court orders that the court of appeals’ opinion not be published in the Ohio Official Reports, and that it may not be cited as authority except by the parties inter se.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Lundberg Stratton, JJ., concur.
Cook, J., dissents.
COOK, J., dissenting.
I respectfully dissent from the decision to dismiss this case as improvidently allowed and, if addressing this case on the merits, would affirm the decision of the court of appeals.