JONES v. CITY OF FRANKLIN

No. CA94-08-074.

102 Ohio App.3d 114 (1995)

JONES, Appellant, v. CITY OF FRANKLIN, Appellee, et al.

Court of Appeals of Ohio, Twelfth District, Warren County.

Decided March 27, 1995.


Attorney(s) appearing for the Case

Ruschau, Lehman & Hobbs and Steve J. Ruschau, for appellant.

James W. Gustin & Associates, James W. Gustin and John E. Brehm, Jr., for appellee.


WILLIAM W. YOUNG, Judge.

On July 6, 1990, plaintiff-appellant, Jeffrey D. Jones, was operating a cement truck owned by his employer, Weidle Concrete, on Oxford Street in Franklin, Ohio. As Jones drove down Oxford Street, he passed beneath a railroad bridge, striking the underside of the bridge with the top of his truck. The railroad bridge that Jones struck had a clearance of eleven feet six inches, while the truck was approximately thirteen feet tall. At the time...

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