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WESTFIELD INS. CO. v. JARRETT RECLAMATION SERVICES, INC.

No. 95-B-7.

114 Ohio App.3d 492 (1996)

WESTFIELD INSURANCE COMPANY, Appellant, v. JARRETT RECLAMATION SERVICES, INC., et al., Appellees.

Court of Appeals of Ohio, Seventh District, Belmont County.

Decided September 30, 1996.

Attorney(s) appearing for the Case

Thomas L. Tribbie and Josephine Ellen Hayes, for appellant.

Stanley G. Burech and Donna L. Crow, for appellee Jarrett Reclamation Services, Inc.

Gerald P. Duff and Michael McCormick, for appellee Deborah J. Abbott, Admr. of the Estate of Bradley J. Abbott, Deceased.

O'NEILL, Presiding Judge.

On October 29, 1992, Bradley J. Abbott, an employee of Jarrett Reclamation Services, Inc., was killed when the walls of a trench he was working in collapsed upon him. Deborah J. Abbott was appointed as administrator of the estate of Bradley J. Abbott. Counsel for the administrator notified Jarrett Reclamation Services, Inc. that an intentional tort claim was being asserted against it. Jarrett provided notice of the claim to its liability...

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