LUMBERMENS MUT. CAS. CO. v. OHIO DEPT. OF TRANSP.

Nos. 88AP-05 and 88AP-06.

49 Ohio App. 3d 129 (1988)

LUMBERMENS MUTUAL CASUALTY COMPANY ET AL., APPELLANTS, v. OHIO DEPARTMENT OF TRANSPORTATION, APPELLEE. BATES ET AL., APPELLANTS, v. OHIO DEPARTMENT OF TRANSPORTATION, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided September 20, 1988.


Attorney(s) appearing for the Case

Wirtz & Kohn, Dennis P. Wirtz and Jeffrey L. Kohn, for appellant Lumbermens Mutual Casualty Company.

Ransier & Ransier and Frederick L. Ransier III, for appellant David Bates.

Anthony J. Celebrezze, Jr., attorney general, and Donald J. Guittar, for appellee Ohio Department of Transportation.


BRYANT, J.

These appeals concern a one-vehicle accident occurring on April 23, 1984 near mile marker 134.4 of eastbound Interstate 70. There, the driver of a tractor-trailer, David Bates, lost control of his vehicle, collided into a concrete underpass, and overturned on the median of the highway. The accident caused severe injury to Bates and the total loss of the tractor-trailer and its cargo.

Various plaintiffs, including Bates, subsequently brought suit...

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