MITCHELL v. CLEVELAND ELEC. ILLUM. CO.

Nos. 86-597 and 86-605.

30 Ohio St. 3d 92 (1987)

MITCHELL, ADMX., APPELLEE, ET AL. v. CLEVELAND ELECTRIC ILLUMINATING CO.; CITY OF AVON LAKE, APPELLANT.

Supreme Court of Ohio.

Decided May 6, 1987.


Attorney(s) appearing for the Case

Gaines & Stern Co., L.P.A., Michael B. Michelson and John V. Scharon, for appellee.

Fillo, Ristau & Drain and Timothy P. Ristau, for appellant.


WRIGHT, J.

The sole question before this court is whether appellee's opening statement and the allegations of the amended complaint state a cause of action against Avon Lake. We hold that the directed verdict in favor of Avon Lake was not erroneous.

In reaching this conclusion, we are mindful that "[a] trial court should exercise great caution in sustaining a motion for a directed verdict on the opening statement of counsel; it must be clear that all the facts...

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