Cleveland Bd. of Education v. Lesko

I am in agreement with the majority's ultimate determination to reverse and remand this case for further proceedings, but I respectfully disagree with the means with which this determination was made. Specifically, I *434take issue with the majority's decision to not follow this Court's recently published ruling of Aldrete v. Foxboro Co. (1988), 49 Ohio App. 3d 81 and our holding in Board of Education v. Regner, et al (Oct. 26, 1989), Cuyahoga App. Nos. 56053, 56054 and 56060, unreported, which relied upon Aldrete.

The majority attempts to distinguish the present case from Aldrete by stating that…