Opinion
No. 87-2104
Submitted June 8, 1988 —
Decided July 20, 1988.
Appellate procedure — Certified conflict cases — Dismissal where no conflict exists.
CERTIFIED by the Court of Appeals for Mahoning County, No. 86 C.A. 121.
Harrington, Huxley Smith, Eldon S. Wright and John T. Dellick, for appellants.
Robert J. Swan, for appellees.
The court of appeals found that its judgment in this case was in conflict with the judgment of the Third District Court of Appeals in Naugle v. Campbell Soup Co. (June 20, 1986), Henry App. No. 7-84-24, unreported, on the question of whether an expert's affidavit which does not specifically list facts supporting his conclusion of negligence is sufficient to overcome a motion for summary judgment. Therefore, the court of appeals certified the case to this court pursuant to Section 3(B), Article IV, Constitution.
We find that the judgments of the courts of appeals do not conflict on the certified question. Accordingly, the appeal is dismissed. State v. Palider (1987), 33 Ohio St.3d 68, 514 N.E.2d 873; Cook v. Mayfield (1988), 37 Ohio St.3d 44, 523 N.E.2d 502.
MOYER, C.J., CACIOPPO, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.
MARY CACIOPPO, J., of the Ninth Appellate District, sitting for SWEENEY, J.