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ROBERTS v. McCALLA

No. CI-73-013.

41 Ohio Misc. 23 (1974)

ROBERTS ET AL. v. McCALLA ET AL.

Court of Common Pleas of Paulding County.

Decided January 24, 1974.

Attorney(s) appearing for the Case

Messrs. Spangenberg, Shibley, Traci & Lancione, Mr. Donald P. Traci, Messrs. Weaner, Hutchinson, Zimmerman & Bacon and Mr. John E. Zimmerman, for plaintiffs.

Messrs. Hyman, McMaster, Cook & Webb and Mr. Norman E. Cook, for defendants.

HITCHCOCK, J.

Plaintiffs and defendants both request summary judgment. The first issue to be determined is whether or not the minor plaintiff is a passenger or a guest within the terms of Section 4515.02 of the Revised Code.*

From the pleadings and the deposition of defendant driver, it is undisputed that the minor plaintiff, Becky Jo Roberts, was a female person 4 years of age on...

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