FRYS v. CITY OF CLEVELAND

No. 68273.

107 Ohio App.3d 281 (1995)

FRYS, Appellee, v. CITY OF CLEVELAND, Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided November 6, 1995.


Attorney(s) appearing for the Case

Reminger & Reminger Co., L.P.A., Donald J. Moracz and Thomas R. Wolf, for appellee.

Sharon Sobol Jordan, Director of Law, and Robert J. Lally, Assistant Director of Law, for appellant.


JAMES M. PORTER, Judge.

Defendant-appellant city of Cleveland appeals from a $10,000 jury verdict and judgment in favor of plaintiff-appellee Patricia Frys arising out of the alleged negligent burial of her mother in the city's Harvard Grove Cemetery. The city contends that the trial court erred in improperly instructing the jury on the cemetery's duty of care and in failing to direct a verdict. We find merit to the appeal, reverse and vacate and enter judgment for...

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