TONY ZUMBO & SON CONSTR. CO. v. DEPT. OF TRANSPORTATION

No. 83AP-823.

22 Ohio App. 3d 141 (1984)

TONY ZUMBO & SON CONSTRUCTION CO., APPELLEE, v. OHIO DEPARTMENT OF TRANSPORTATION, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided December 24, 1984.


Attorney(s) appearing for the Case

Steven L. Ball, for appellee.

Anthony J. Celebrezze, Jr., attorney general, and Karl W. Schedler, for appellant.


WHITESIDE, J.

Defendant, State of Ohio, Department of Transportation, appeals from a judgment of the Court of Claims and raises seven assignments of error as follows:

"1. The court of claims erred, to the prejudice of the appellant, in finding that an unanticipated, subsurface defect in the condition of the underpavement of Wilson-Mills Road constituted a breach of contract by the appellant.

"2. The court of claims erred, to the prejudice of the appellant...

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