Cohara v. Consolidated Rail Corporation

{¶ 36} On this appeal from an order of Judge Shirley Strickland Saffold that granted appellant Joseph Cohara a portion of the post-judgment interest he requested, I dissent. I would sustain Cohara’s assignments of error and reverse the judgment in part and modify it. The majority has placed the cart before the horse. It ignores appellee and cross-appellant Consolidated Rail Corporation’s (“Conrail’s”) obligation to pay the settlement when it is “due and payable” under R.C. 1343.03 and attempts to justify Conrad’s mistaken contention that it had the ability to condition payment of the…