IRWIN & FLICKINGER v. BRUCE L. CHRISTY CO., L.P.A.

No. 88AP-623.

61 Ohio App.3d 131 (1989)

IRWIN AND FLICKINGER, Appellee v. BRUCE L. CHRISTY COMPANY, L.P.A., et al., Appellants; Kitrick et al., Appellees.

Court of Appeals of Ohio, Franklin County.

Decided March 16, 1989.


Attorney(s) appearing for the Case

Irwin & Flickinger and Michael T. Irwin, for plaintiff-appellee.

Fry & Waller Co., L.P.A., and Barry A. Waller, for defendants-appellants.

Mark Kitrick Co., L.P.A., and Mark Kitrick, for appellee Mark Kitrick.

Marshall B. Douthett, for appellee Judith Kitrick.

Elbert J. Kram, for Consolidated Rail Corporation.

Janik & Associates and Steven G. Janik, for Home Insurance Company.

David L. Day and Susan Teigland Stead, for Interstate Casualty Claim Service.

Michael J. Petrucci, for Grange Mutual Casualty Company.

Porter, Wright, Morris & Arthur and Michael J. Rourke, for The Professionals Insurance Company.

Earl, Warburton, Adams & Davis and Andrew S. Adams, for Insurance Company of North America.

Crabbe, Brown, Jones, Potts & Schmidt and Gilbert J. Gradisar, for American States Insurance Company and Hills Cab Company.

Robert E. Frost & Associates, Robert E. Frost and Mark S. Maddox, for Ohio Casualty Insurance Company, Crawford & Company, Midland Service Agency, Inc., and Bradford Adjustment Service.

Enz, Jones & Legrand, Grey W. Jones and Sheila M. Sinno, for Nationwide Mutual Insurance Company.

Lane, Alton & Horst and Theodore M. Munsell, for Cincinnati Insurance Company.

Patrick F. Smith and Kevin C. Rouch, for GEICO Insurance Company, Allstate Insurance Company and Motorists Mutual Insurance Company.

Wiles, Doucher, Van Buren & Boyle Co., L.P.A., and Michael J. Kelley, for Auto-Owners Insurance Company.

William J. Christensen, for State Automobile Mutual Insurance Company.

Hamilton, Kramer, Myers & Cheek and Emerson Cheek III, for State Farm Insurance Company.

Tsitouris & Gerrity and Timothy D. Gerrity, for J.C. Penney Casualty Insurance Company.


BOWMAN, Judge.

Appellants are appealing from a judgment entered on June 15, 1988, by the Franklin County Court of Common Pleas, dismissing their claims with prejudice on the basis that the case had been fully settled. Prior to this final adjudication, the trial court dismissed appellants' cross-claim against appellees, thirty-six insurance companies, for failure to state a claim upon which relief could be granted, and it also dismissed appellants' cross-claim against...

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