MARSHALL v. AARON

No. 83-1662.

15 Ohio St. 3d 48 (1984)

MARSHALL, APPELLANT, v. AARON ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 28, 1984.


Attorney(s) appearing for the Case

Aronson, Fineman & Davis Co., L.P.A., Mr. William J. Davis and Mr. Bernard Fineman, for appellant.

Messrs. Gallagher, Sharp., Fulton & Norman, Mr. George W. Stuhldreher and Mr. Jay C. Rice, for appellees Aaron, Boord and ABco.

Messrs. McNeal, Schick, Archibald & Biro and Mr. Albert J. Biro, for appellees Hart and CEI.


CLIFFORD F. BROWN, J.

I

The first issue presented for review is whether summary judgment was properly entered in favor of Boord, Aaron, and ABco. Plaintiff-appellant argues that the evidence adduced below was such that reasonable minds could differ as to whether Boord was an employee of Hart (as was plaintiff) and therefore immune from suit as a fellow employee under R.C. 4123.741, or an independent contractor, and potentially liable. We agree.

The...

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