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HARRIS v. OHIO DEPT. OF TRANSP.

Nos. 92AP-513, 92AP-514.

83 Ohio App.3d 125 (1992)

HARRIS et al., Appellants, v. OHIO DEPARTMENT OF TRANSPORTATION et al., Appellees. HARRIS et al., Appellants, v. CITY OF CANTON et al., Appellees.

Court of Appeals of Ohio, Franklin County.

Decided October 6, 1992.

Attorney(s) appearing for the Case

Scanlon & Gearinger Co., L.P.A., James A. Rudgers and Terence E. Scanlon, for appellants.

Lee Fisher, Attorney General, and Eric A. Walker, Assistant Attorney General, for appellee Ohio Department of Transportation.

Thomas M. Bernabei, Robert G. Rubin and Joseph Martuccio, for appellee city of Canton.

G. Timothy Fischer, for appellee B&B Construction.

Robert B. Daane, for appellee Brian Lee Teuton.

Donald E. Worthing, for appellee Northern Ohio Paving Company.

James Sweeney, for appellee Hammontree & Associates.

BOWMAN, Judge.

In the early morning hours of September 24, 1988, appellants, Mark Harris and Matt Karam, were passengers in a car driven by Brian Teuton. On their way home from an evening in Kent, the three were headed west on U.S. Route 62 in Canton, Ohio, when Teuton fell asleep at the wheel and went off the road onto the median strip. Just as Teuton regained control, the vehicle hit an embankment, became airborne...

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