GRIMMER v. CITY OF ROCKY RIVER

No. 94271.

2010 Ohio 4683

William E. Grimmer, et al., Plaintiffs-Appellants, v. City of Rocky River, et al., Defendants-Appellees.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: September 30, 2010.


Attorney(s) appearing for the Case

Henry W. Chamberlain, Chamberlain Law Firm, 526 Superior Avenue, 620 Leader Building, Cleveland, Ohio 44114, Attorney for Appellants.

Andrew D. Bemer, Seeley, Savidge, Ebert & Gourash Co., 26600 Detroit Road, 3rd Floor, Cleveland, Ohio 44145, Timothy J. Fitzgerald, Gallagher Sharp, 6th Floor, Bulkley Building, 1501 Euclid Avenue, Cleveland, Ohio 44115, Kathleen M. Guarente, Park Center Plaza II, Suite 450, 6150 Oak Tree Boulevard, Independence, Ohio 44131, Attorneys for Appellees.

Before: Celebrezze, J., Kilbane, P.J., and Sweeney, J.


JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., J.

{¶ 1} Plaintiffs-appellants, William E. Grimmer, Donna Grimmer, and David Grimmer, appeal the grant of summary judgment in favor of appellee, the city of Rocky River ("Rocky River"). Appellants' claim arose out of a single car accident allegedly caused by an accumulation of ice on a public roadway from a leaking fire hydrant. After a thorough review of the record and based on the following...

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