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MCI COMMUNICATION SERVS. INC. v. BARRETT PAVING MATERIALS, INC.

Appeal No. C-100806.

2012 Ohio 1700

MCI COMMUNICATIONS SERVICES, INC., d/b/a VERIZON BUSINESS, Plaintiff-Appellant, v. BARRETT PAVING MATERIALS, INC., Defendant-Appellee.

Court of Appeals of Ohio, First District, Hamilton County.

April 18, 2012.

Attorney(s) appearing for the Case

James J. Proszek; Pro Hac Vice, and Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., and Peter Burrell, and Strauss & Troy, for Plaintiff-Appellant.

Rendigs, Fry, Kiely & Dennis, L.L.P., Peter L. Ney and Michael J. Chapman, for Defendant-Appellee.

OPINION

CUNNINGHAM, Judge.

{¶ 1} Plaintiff-appellant MCI Communication Services, Inc., d/b/a Verizon Business ("MCI"), appeals the Hamilton County Common Pleas Court's entry of partial summary judgment for defendant-appellee, Barrett Paving Materials, Inc., ("Barrett") on the issue of loss-of-use damages. Because MCI failed to present proper evidence from which to measure any damages from the loss of use of its negligently severed...

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