RAYBURN v. J. C. PENNEY OUTLET STORE

No. 81AP-832.

3 Ohio App. 3d 463 (1982)

RAYBURN ET AL., APPELLANTS, v. J. C. PENNEY OUTLET STORE ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided April 15, 1982.


Attorney(s) appearing for the Case

Messrs. Bradley & Farris and Mr. Philip R. Bradley, for appellants Russell & Sophie Rayburn.

Messrs. Vorys, Sater, Seymour & Pease and Mr. Gerald P. Ferguson, for appellees.


WHITESIDE, P.J.

Plaintiff-appellant, Russell Rayburn, appeals from a judgment of the Franklin County Court of Common Pleas and raises two assignments of error, as follows:

"1. The trial court abused its discretion in holding that the defendants were entitled to judgment as a matter of law.

"2. The trial court abused its discretion and invaded the province of the jury in holding there is no genuine issue as to any material fact."

Plaintiff Russell...

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