The opinion
{¶ 18} Although I concur with the majority opinion's disposition of this appeal, I write separately, both to acknowledge and to lend a cautionary note to the sentiments embodied in Judge Gallagher's concurring and dissenting opinion.
{¶ 19} As the writer of the appellate opinion in Rosette v. Countrywide Home Loans, Inc., Cuyahoga App. No. 82938, 2004-Ohio-359 , which was overruled by the Ohio Supreme Court in Rosette v. Countrywide Home Loans, Inc., 105 Ohio St.3d 296 , 2005-Ohio-1736 , I sympathize with his position; members of this court, myself included, however, are constrained to follow the supreme court's precedent until such time as it may directly consider the matter of whether in R.C. 4905.61 , the legislature's intent was that the word "treble" is a misplaced "modifier" of the word "damages."
{¶ 20} I therefore concur with the majority opinion.
CONCURRING AND DISSENTING OPINION