RICHARDS v. RUBICON MILL CONDOMINIUM ASSN.

No. 14666.

100 Ohio App.3d 264 (1995)

RICHARDS, Exr., et al., Appellants, v. RUBICON MILL CONDOMINIUM ASSOCIATION et al.; City of Dayton, Appellee; Anderson's Tree-Tech.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided January 11, 1995.


Attorney(s) appearing for the Case

Thomas D. Richards and Robert H. Stratton, for appellants.

Neil F. Freund and Shawn M. Blatt, for appellee city of Dayton.


WOLFF, Judge.

David P. Richards, as executor of the estate of Tracy B. Richards and individually, Clara Lee Richards, and Amanda K. Richards (hereinafter collectively referred to as "the Richardses") appeal from the judgment of the Montgomery County Court of Common Pleas which dismissed their claim against the city of Dayton ("the city").

The Richardses' amended complaint alleged that on May 28, 1993, Tracy Richards was killed when the "top section" of a basswood...

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