
    2017-1245.
    Stoltz v. J & B Steel Erectors, Inc.
   Certified Question of State Law, United States District Court for the Southern District of Ohio, No. 1:14-ev-44. On review pursuant to S.Ct.Prac.R. 9.05, the court will answer the following question:

“Whether [R.C.] 4123.35(0) is unconstitutional as applied to the tort claims of an enrolled subcontractor’s employee who is injured while working on a self-insured construction project and whose injury is compensable under Ohio workers’ compensation laws.”

Petitioners shall file their merit brief within 40 days and the parties shall otherwise proceed in accordance with S.Ct.Prac.R. 16.02 through 16.04 and S.Ct.Prac.R. 9.07.

On motion of Messer Construction Co. to be designated as an amicus curiae in support of petitioners. Motion granted.

O’Connor, C.J., and O’Donnell and Fischer, JJ., dissent.

William A. Klatt, J., of the Tenth District Court of Appeals, sitting for O’Neill, J.  