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SHOPE v. CITY OF PORTSMOUTH

No. 11CA3459.

2012 Ohio 1605

BRENDA SHOPE, ADMINISTRATOR OF THE ESTATE OF ERIC JAMES SHOPE, DECEASED, Plaintiff-Appellee. v. CITY OF PORTSMOUTH, OHIO, et al., Defendants-Appellants.

Court of Appeals of Ohio, Fourth District, Scioto County.

Filed: April 4, 2012.

Attorney(s) appearing for the Case

Lawrence E. Barbiere, Scott A. Sollmann and John W. Hust, Schroeder, Maundrell, Barbiere & Powers, Mason, Ohio, for City of Portsmouth, Ohio, Appellant.

Rick L. Faulkner and Kenneth W. Porter, The Faulkner Law Office, Wheelersburg, Ohio, for Appellee.

DECISION AND JUDGMENT ENTRY

KLINE, J.

{¶ 1} The City of Portsmouth, Ohio, (hereinafter "Portsmouth") appeals the judgment of the Scioto County Court of Common pleas. Brenda Shope (hereinafter "Brenda"), administrator of the estate of Eric James Shope (hereinafter "Eric"), sued Portsmouth after Eric died in an ATV accident. Portsmouth filed a motion for summary judgment on the issue of sovereign immunity, but the trial court denied Portsmouth...

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