O'Brien v. Egelhoff

I fully agree with the arguments put forth in the dissent presented hereinafter and reaffirm my position against the bootstrap *211“stare decisis” utilized by the majority which I have articulated at some length in dissents in Haverlack v. Portage Homes, Inc. (1982), 2 Ohio St. 3d 26, 31; Enghauser Mfg. Co. v. Eriksson Engineering Ltd. (1983), 6 Ohio St. 3d 31, 37; and Strohofer v. Cincinnati (1983), 6 Ohio St. 3d 118, 124.

In the instant case the majority has taken a position that is difficult to justify in view of their own prior cases. In Enghauser Mfg. Co., supra, paragraph two of the syllabus…