Whitelock v. Gilbane Building Co.

Moyer, C.J.,

concurring. I concur in the syllabus, and write separately to issue a caution with respect to the application of the law we have announced herein.

Generally, the judges of the courts of appeals are as able as are the justices of this court to identify legal issues that require resolution by the Supreme Court in view of disparate opinions among the courts of appeals. The case before us is an extreme example of noncompliance with S.Ct.Prac.R. 111(6).

*600Recognizing that it is possible to distinguish virtually any case and opinion from any other case and opinion, our opinion here should not be construed to so delimit our acceptance of certified cases as to cause courts of appeals to err in favor of noncertification of conflicts between .the districts.