McFadden v. Cleveland State University

Sadler, Presiding Judge.

{¶ 1} Appellant, Kenneth D. McFadden, has filed an application pursuant to App.R. 26(A) seeking reconsideration of our decision rendered in this case on January 25, 2007, 2007-Ohio-298. Specifically, appellant argues that our decision cannot stand because we specifically overruled a prior decision of this court without employing en banc proceedings to do so. Appellee, Cleveland State University, filed no response to the application. For the reasons that follow, we deny appellant’s application for reconsideration.

{¶ 2} The proper standard for our review of an…