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KIMBLE v. PEPSI-COLA GEN. BOTTLERS

No. C-940169.

103 Ohio App.3d 205 (1995)

KIMBLE et al., Appellants, v. PEPSI-COLA GENERAL BOTTLERS, Appellee.

Court of Appeals of Ohio, First District, Hamilton County.

Decided May 3, 1995.

Attorney(s) appearing for the Case

Kondritzer, Gold, Frank & Crowley and James C. Crowley, for appellants Vincent and Juanita Kimble.

Kreiner & Peters Co., L.P.A., and Charles T. Lester, for intervening appellant Community Mutual Insurance Co.

Lindhorst & Dreidame and William M. Cussen, for appellee.

PAINTER, Judge.

This litigation arose out of an automobile accident involving an employee of the defendant-appellee, Pepsi-Cola General Bottlers ("Pepsi-Cola"), and Vincent and Juanita Kimble ("the Kimbles"). The Kimbles sued Pepsi-Cola for damages under a theory of respondeat superior. Both the Kimbles and Pepsi-Cola moved for summary judgment, and the trial court granted summary judgment to Pepsi-Cola. The Kimbles then moved for leave to add the employee...

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