LAKOTA v. WESTFIELD INS. CO.

No. 72871.

132 Ohio App.3d 138 (1998)

LAKOTA et al., Appellees, v. WESTFIELD INSURANCE COMPANY, Appellant, et al.

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

Decided December 22, 1998.


Attorney(s) appearing for the Case

Schulman, Schulman & Meros, John C. Meros and Lisa S. Friedman; Davis & Young, John R. Daly and Thomas W. Wright; Quandt, Giffels & Buck Co., L.P.A., and Walter R. Matchinga, for appellees.

Weston, Hurd, Fallon, Paisley & Howley, William H. Baughman and Daniel A. Richards, for appellant.


KARPINSKI, Judge.

This appeal arises from a declaratory judgment. The dispute concerns whether an insurance policy provides indemnification for tort claims by an employee who alleges that his injury was substantially certain to occur.

Plaintiff-appellee, Robert Lakota, was employed by Brunswick Welding, Inc. ("Brunswick") as an ironworker assembling structural steel on a school expansion project in Copley, Ohio. He was injured on December 1, 1993, when he...

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