DELMAN v. CITY OF CLEVELAND HEIGHTS

No. 87-1934.

41 Ohio St. 3d 1 (1989)

DELMAN ET AL., APPELLANTS, v. CITY OF CLEVELAND HEIGHTS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 2, 1989.


Attorney(s) appearing for the Case

Lustig, Icove & Lustig Co., L.P.A., Robert M. Lustig and Edward A. Icove, for appellants.

John H. Gibbon, law director, for appellees.


H. BROWN, J.

The parties have stipulated that genuine issues of material fact exist as to whether the city was negligent in conducting the point-of-sale inspections. Therefore, the issue we must resolve is whether the city and its employees owe a duty to the Delmans to act reasonable when conducting and reporting point-of-sale inspections. Pursuant to our recent decision in Sawicki v. Ottawa Hills (1988), 37 Ohio St.3d 222

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