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SMIDDY v. THE WEDDING PARTY, INC.

No. 86-913.

30 Ohio St. 3d 35 (1987)

SMIDDY, ADMR., APPELLEE, v. THE WEDDING PARTY, INC. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided April 15, 1987.

Attorney(s) appearing for the Case

Joseph W. Shea III, for appellee. G. Gregory Lewis, for appellants.

HERBERT R. BROWN, J.

The issue presented is whether the trial court properly granted summary judgment for appellants. Our task is therefore to apply Civ. R. 56(C)1 to the evidence and allegations contained in the record.

I

Appellee first maintains that Hesketh failed to comply with R.C. 4513.28(D)2 and was therefore negligent per se. See Bush v. Harvey Transfer Co. (1946...

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