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HERITAGE INS. v. DEPT. OF TRANSP.

No. 2003-1351.

104 Ohio St.3d 513 (2004)

2004-Ohio-6766

HERITAGE INSURANCE COMPANY, APPELLEE, ET AL. v. OHIO DEPARTMENT OF TRANSPORTATION, APPELLANT.

Supreme Court of Ohio.

Decided December 17, 2004.

Attorney(s) appearing for the Case

Freund, Freeze & Arnold, Christopher W. Carrigg and Shaun A. Roberts, Dayton, for appellee.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Stephen P. Carney, Senior Deputy Solicitor, and Velda K. Hofacker Carr, Assistant Attorney General, for appellant.

PFEIFER, J.

Factual and Procedural Background

{¶ 1} This case arises out of a 1994 traffic accident that took the life of Thora Roweta Moore. Moore died when her car collided with a pickup truck at the intersection of State Route 49 and U.S. Route 40 in Montgomery County. John R. Jurgensen Construction Company ("Jurgensen") had contracted with the appellant, Ohio Department of Transportation ("ODOT"), to carry out improvements at that intersection...

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