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HOCKENBERRY v. VILLAGE OF CARROLLTON

No. 5:00-CV-127.

110 F.Supp.2d 597 (2000)

Terry W. HOCKENBERRY, Administrator of the Estate of Terry W. Hockenberry, Jr. Plaintiff, v. THE VILLAGE OF CARROLLTON, et al., Defendants.

United States District Court, N.D. Ohio, Eastern Division.

August 3, 2000.

Attorney(s) appearing for the Case

Alec Berezin, Dworken & Berstein, Painesville, Gordon S. Friedman, Friedman & Gilbert, Cleveland, OH, for Terry W. Hockenberry, Administrator of the Estate of Terry W. Hockenberry, Jr., Plaintiff.

Cari F. Evans, Pelini & Fischer, North Canton, Donald R. Burns, Carrollton, OH, John T. McLandrich, Mazanec, Raskin & Ryder, Cleveland, OH, Mark F. Fischer, Pelini & Fischer, North Canton, OH, Paul J. Cristallo, Mazanec, Raskin & Ryder Co., LPA, Solon, OH, for Carrollton, Village of, Michael S. Middleton, Various Unknown Officers, Defendants.

ORDER

GWIN, District Judge.

On July 10, 2000, Defendants Village of Carrollton and Officer Michael Middleton filed a motion seeking summary judgment on the federal and state claims asserted against them by Plaintiff Terry W. Hockenberry [Doc. 33]. For the reasons set forth below, the Court grants in part and denies in part the defendants' motion.

I. Background

The present dispute arises from a fatal automobile collision. In November 1998...

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