CONTINENTAL INS. CO. v. WHITTINGTON

No. 93-667.

71 Ohio St.3d 150 (1994)

CONTINENTAL INSURANCE COMPANY, APPELLEE, v. WHITTINGTON ET AL., APPELLEES; SMITH ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided December 14, 1994.


Attorney(s) appearing for the Case

Bieser, Greer & Landis and David P. Williamson, for appellee Continental.

Hanes, Schipfer, Hurley, McClurg, Cooper & Graber and William H. Cooper, for appellees Terry Whittington and William Brinley, d.b.a. Whittington Produce.

Pickrel, Schaeffer & Ebeling Co., L.P.A., and James W. Kelleher, for appellant Michelle Smith.

Bertram & Hayes and William H. Bertram, Jr., for appellants Lewis Hawes and Thomas Sonner.

Dyer, Garofalo, Mann & Schultz, Ronald E. Schultz and Kimberly K. Harshbarger, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.


DOUGLAS, J.

The primary issue in this case is whether the court of appeals erred in reversing the final judgment of the trial court based upon the trial court's decision denying Continental's motion for summary judgment. The court of appeals held that the question whether a trial court errs in granting or denying a motion for summary judgment hinges upon a review of the evidence that was before the trial court at the...

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