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MOZENA v. CONSOLIDATED RAIL CORP.

No. 4356.

46 Ohio App. 3d 9 (1988)

MOZENA, ADMX., APPELLANT, v. CONSOLIDATED RAIL CORPORATION; VERMILION BOARD OF TOWNSHIP TRUSTEES, APPELLEE, ET AL.

Court of Appeals of Ohio, Lorain County.

Decided October 19, 1988.

Attorney(s) appearing for the Case

Robert J. Fogarty and Steven A. Goldfarb, for appellant.

William C. Ailes, for appellee.

Forrest A. Norman and Thomas E. Dover, for Consolidated Rail Corp.

MAHONEY, P. J.

Appellant, Terry L. Mozena, administratrix of the estate of James E. Mozena, appeals from the judgment of the Lorain County Court of Common Pleas granting a summary judgment motion in favor of appellee, Vermilion Board of Township Trustees ("board"). We reverse and remand.

Facts

On June 19, 1985, James E. Mozena was killed at a railroad crossing when his van collided with a train owned by Consolidated Rail Corporation ("Conrail")....

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