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ESTATE OF DURHAM v. CITY OF AMHERST

Nos. 4267 and 4268.

51 Ohio App. 3d 106 (1988)

ESTATE OF DURHAM ET AL., APPELLANTS, v. CITY OF AMHERST ET AL., APPELLEES.

Court of Appeals of Ohio, Lorain County.

Decided July 20, 1988.

Attorney(s) appearing for the Case

David J. Murray and William H. Rider, for appellants.

Dennis M. O'Toole and Jerome J. Savoy, for appellees.

CACIOPPO, J.

On April 30, 1984, the deceased, Sidney B. Durham, was killed as he was driving down South Main Street in Amherst, Ohio, when a large tree fell on top of his automobile. A complaint was filed by plaintiff-appellant, Luverne Durham, individually and as executrix of her husband's estate. Named as defendants were the appellees, Virginia McMillan and the city of Amherst. A second complaint was filed against the same defendants by plaintiff-appellant, West...

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