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SPITLER v. K & C SERV. STATION MAINTENANCE

No. 93AP-594.

90 Ohio App.3d 49 (1993)

SPITLER, Appellant, v. K AND C SERVICE STATION MAINTENANCE COMPANY, INC., Appellee, et al.

Court of Appeals of Ohio, Franklin County.

Decided August 24, 1993.

Attorney(s) appearing for the Case

Abraham Law Offices and Rick J. Abraham, for appellant.

Roetzel & Andress and Bradley L. Snyder, for appellee K and C Service Station Maintenance Company, Inc.

Isaac, Brant, Ledman & Becker and Charles E. Brant, for D & D Retreading, Inc.

Earl, Warburton, Adams & Davis and Dick M. Warburton, for Long Mile Rubber Company, Inc.

BOWMAN, Judge.

In April 1992, appellant, Benjamin L. Spitler, filed a complaint against his employer, appellee K and C Service Station Maintenance Company, Inc., as well as D & D Retreading, Inc., Oliver Rubber Company and Long Mile Rubber Company, Inc.1 Appellant alleged that, while he was working in an excavation, a cave-in occurred, causing him serious injury. Appellant alleged the cave-in was the result of:

"* * * the intentional...

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