NATIONWIDE MUT. INS. CO. v. MACHNIAK

No. 58614.

74 Ohio App.3d 638 (1991)

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellee, v. MACHNIAK, Appellant, et al.

Court of Appeals of Ohio, Cuyahoga County.

Decided June 24, 1991.


Attorney(s) appearing for the Case

Payne & Payne and William A. Payne, for appellee.

Pomerantz & Cichocki, David I. Pomerantz and Paul W. Newendorp, for appellant.


PATTON, Judge.

On May 31, 1986, appellant Cheryl Machniak was struck by an automobile operated by Robert Jarrells. It is uncontroverted that immediately prior to appellant's injury, Jarrells was involved in an altercation with Daniel Maxwell, who was operating the vehicle in which appellant was a passenger. The fight arose out of a dispute involving a mutual girlfriend. According to Jarrells' deposition testimony, the fight did not involve appellant and he had no...

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