Turk v. Trolley Tours of Cleveland, Inc. - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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Turk et al., Appellants, v. Trolley Tours of Cleveland, Inc.,
dba Lolly The Trolley, et al., Appellees.
[Cite as Turk v. Trolley Tours of Cleveland, Inc. (1994),
Ohio St.3d .]
Torts -- Damages -- Collateral benefits -- R.C. 2317.45
violates Sections 2, 5 and 16, Article I of the Ohio
Constitution, and is unconstitutional in toto.
(No. 93-2019 -- Submitted January 12, 1994 -- Decided June
1, 1994.)
Appeal from the Court of Appeals for Cuyahoga County, Nos.
62964 and 63087.

Spangenberg, Shibley, Traci, Lancione & Liber, Donald P.
Traci and James A. Marx, for appellants.
Richard R. Kuepper, for appellee Trolley Tours of
Cleveland, Inc.
Arter & Hadden, Irene C. Keyse-Walker, James A. Laurenson
and Kathleen G. Dus, for appellee Dallas & Mavis Forwarding
Company.

The judgment is reversed as to Propositions of Law I and
II and the cause is remanded to the trial court on authority of
Sorrell v. Thevenir (1994), Ohio St.3d , N.E.2d ,
decided today.
A.W. Sweeney, Douglas, Resnick, F.E. Sweeney and Pfeifer,
JJ., concur.
Moyer, C.J., and Wright, J., dissent.