Heard v. Conrad

I must respectfully dissent from the decision reached by the majority.

I am persuaded by the decision rendered by the First District Court of Appeals in DesMarais v. Strauss & Troy (1997), 121 Ohio App.3d 125, 699 N.E.2d 113, wherein the lower court’s determination that the third element of the White definition was inapplicable to the claimant was reversed. As such, I would reverse the trial court’s decision granting summary judgment in favor of appellees.