Pacatte v. Daugherty

I write separately in order to indicate (1) my concurrence in the judgment of the majority, and (2) my disagreement with the appraisal of the majority that Kane v. Ford Motor Co. (1984), 17 Ohio App. 3d 111, 17 OBR 173, 477 N.E. 2d 662, is the preferred interpretation of Swanton v. Stringer (1975), 42 Ohio St. 2d 356, 71 O.O. 2d 325, 328 N.E. 2d 794, over the interpretation expressed in Starcher v. Chrysler Corp. (1984), 15 Ohio App. 3d 57, 15 OBR 86, 472 N.E. 2d 736. 3

The syllabus of Swanton, supra, is as follows:

“la. A disabling condition, resulting from a pre-existing disease and claimed…