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WEST AMERICAN INS. CO. v. HUMPHREY

No. 79AP-121.

65 Ohio App. 2d 188 (1979)

WEST AMERICAN INSURANCE COMPANY ET AL., APPELLEES, v. HUMPHREY, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided July 3, 1979.

Attorney(s) appearing for the Case

Mr. Dick M. Warburton, Jr., for appellees.

Messrs. Crabbe, Brown, Jones, Potts & Schmidt and Mr. Kenneth E. Harris, for appellant.

MCCORMAC, J.

Plaintiffs-appellees, West American Insurance Company and Ellis Hupp, sued Robert L. Humphrey, defendant-appellant, for damages to Hupp's automobile, alleging that defendant was negligent in an auto accident on August 12, 1977. West American Insurance Company was subrogated to $655.24 of the $755.24 damage to the automobile. Defendant answered, denying negligence and asserting contributory negligence.

Thereafter, plaintiffs moved for summary judgment...

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