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WHITE v. OHIO DEPT. OF TRANSP.

Nos. 89-1114 and 89-1115.

56 Ohio St. 3d 39 (1990)

WHITE ET AL., v. OHIO DEPARTMENT OF TRANSPORTATION, APPELLANT AND CROSS-APPELLEE; KLYZA, ADMX., APPELLEE; ROSS TOWNSHIP, APPELLEE AND CROSS-APPELLANT. WHITE ET AL., v. KLYZA, ADMX., APPELLEE; OHIO DEPARTMENT OF TRANSPORTATION, APPELLANT AND CROSS-APPELLEE; ROSS TOWNSHIP, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided December 12, 1990.

Attorney(s) appearing for the Case

Anthony J. Celebrezze, Jr., attorney general, Susan M. Sullivan and Sheryl Creed Maxfield, for appellant and cross-appellee Ohio Department of Transportation.

Green & Green and Thomas M. Green, for appellee and cross-appellant Ross Township.

Bauer, Morelli & Heyd Co. L.P.A., Arnold Morelli, Daniel A. Kruse and John M. Isidor, for appellee Carol Klyza, administratrix of the estate of Timothy Klyza.

H. BROWN, J.

For the reasons which follow, we reverse the judgment of the court below as to ODOT, affirm as to its disposition of the directed verdict, and remand for new trial.

I

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