May v. Tandy Corp.

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May, Appellant and Cross-Appellee, v. Tandy Corporation,
Appellee; Diamantis, Appellee and Cross-Appellant.
[Cite as May v. Tandy Corp. (1994),     Ohio St.3d    .]
Torts -- Damages -- Collateral benefits -- R.C. 2317.45
     violates Sections 2, 5 and 16, Article I of the Ohio
     Constitution, and is unconstitutional in toto --
     Cross-appeal dismissed as improvidently allowed.
     (No. 93-1402 -- Submitted January 11, 1994 -- Decided June
1, 1994.)
     Appeal and Cross-Appeal from the Court of Appeals for
Cuyahoga County, No. 62679.

     Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., Richard
C. Alkire, Jeffrey A. Leikin and Sandra J. Rosenthal, for
appellant and cross-appellee.
     William J. Coyne & Associates Co., L.P.A., Terrance P.
Gravens and Michael E. Stinn, for appellee and cross-appellant.

     The judgment on appeal is reversed and the cause is
remanded to the trial court on authority of Sorrell v. Thevenir
(1994),      Ohio St.3d   ,     N.E.2d     , decided today. The
cross-appeal is dismissed, sua sponte, as having been
improvidently allowed.
     A.W. Sweeney, Douglas, Resnick, F.E. Sweeney and Pfeifer,
JJ., concur.
     Moyer, C.J., and Wright, J., dissent.