dissenting.
I must dissent, in that it is my belief that the trial court has no jurisdiction .to hear this wrongful death claim. The jurisdiction of this claim is wholly within the Industrial Commission, and any other proceeding is' barred by Section 35 of Article II of the Ohio Constitution.
Judicial economy would dictate that this cause be dismissed. Therefore, I would reverse the judgment of the Court of Appeals.,
P. Brown, J., concurs. in the foregoing dissenting opinion. . ..