WALSH, Judge.
Defendant-appellant, the city of Franklin, appeals an order of the Warren County Court of Common Pleas overruling its motion for summary judgment.
In the summer of 1994, the city hired Armrel-Byrnes Company, a general contractor, to resurface several roads in the city, including a stretch of Trenton-Franklin Road. The contract did not include berm work. That work was instead done by the city's Public Works Street Superintendent and his crew....
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