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YOUNG v. VILLAGE OF SARDINIA

No. CA94-08-008.

102 Ohio App.3d 797 (1995)

YOUNG, Admr., Appellant, v. VILLAGE OF SARDINIA et al., Appellees.

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

Decided May 22, 1995.

Attorney(s) appearing for the Case

T. David Burgess Co., L.P.A., T. David Burgess and Jason B. Sims, for appellant.

Lindhorst & Dreidame and James F. Brockman, for appellee, village of Sardinia.

James W. Gustin, for appellee, Elwood T. Patrick.

Rendigs, Fry, Kiely & Dennis and Kenneth B. Flacks, for appellee, Robert P. Vandawalker.

POWELL, Judge.

On May 15, 1991, Elwood Patrick parked his dump truck on the edge of the roadway in front of his residence at 148 Maple Avenue in Sardinia, Ohio. Patrick entered the home and checked the messages on his telephone answering machine. Patrick then returned to the dump truck and climbed into the driver's seat. Patrick started the engine and looked in the truck's side-view mirror. Patrick saw a Nissan pick-up truck approaching from the rear.

As Patrick...

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