LUMAYE v. JOHNSON

No. 91AP-1080.

80 Ohio App.3d 141 (1992)

LUMAYE et al., Appellants, v. JOHNSON, Admr., et al., Appellees.

Court of Appeals of Ohio, Franklin County.

Decided May 19, 1992.


Attorney(s) appearing for the Case

McCarthy, Palmer, Volkema & Becker and Robert G. Palmer, for appellants.

John C. Nemeth & Assoc. and Joseph A. Butauski, for appellee Cynthia Davis.


PETREE, Judge.

Plaintiffs Gregory B. Lumaye, Joseph N. Lumaye, and Elva M. Lumaye appeal from the Franklin County Court of Common Pleas where a jury found in favor of defendant Cynthia Davis in this negligence action. Plaintiffs present three errors for review:

"I. Whether a motorist with the right of way has a duty of due care to observe and to avoid a collision when approaching and passing through an intersection?

"II. Whether it was prejudicial...

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