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SCHUSTER v. KOKOSING CONSTR. CO., INC.

No. 09-COA-030.

2010 Ohio 1459

James V. Schuster, et al., Plaintiffs-Appellants, v. Kokosing Construction Company, Inc., Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Ashland County.

DATE OF JUDGMENT ENTRY: March 25, 2010.

Attorney(s) appearing for the Case

Christopher J. Regan, James B. Stoneking, 1358 National Road, Wheeling, WV 26003, for Plaintiffs-Appellants.

Michael J. Valentine, Capitol Square, 65 East State St., 4th Floor, Columbus, OH 43215, for Defendant-Appellee.

Before: Julie A. Edwards, P.J., William B. Hoffman, J., Patricia A. Delaney, J.

OPINION

DELANEY, J.

{¶1} Plaintiffs-Appellants appeal the September 3, 2009 judgment of the Ashland County Court of Common Pleas granting summary judgment in favor of Defendant-Appellee.

STATEMENT OF THE FACTS AND THE CASE

{¶2} During the winter of 2006, Defendant-Appellee, Kokosing Construction Company, was engaged in a highway construction project in the area wherein U.S. 250 dead-ends into U.S. 42...

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