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RILEY v. CINCINNATI

No. 75-72.

46 Ohio St. 2d 287 (1976)

RILEY, APPELLEE, v. CITY OF CINCINNATI, APPELLANT.

Supreme Court of Ohio.

Decided May 26, 1976.

Attorney(s) appearing for the Case

Messrs. Lindhorst & Dreidame and Mr. Leo J. Breslin, for appellee.

Mr. Thomas A. Luebbers, city solicitor, and Mr. Timothy L. Bouscaren, for appellant.

CELEBREZZE, J.

Appellant presents for its main objection to the judgment of the lower courts the legal question of the applicability of the covenant not to sue as it relates to a party in its position. The city maintains that if there was any duty owing to the appellee by it that it was at best secondary to that of the three defendants dismissed as a result of the execution of said covenant. Reliance upon this covenant by the appellant is misplaced, not only for the...

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