HAYNES v. CITY OF FRANKLIN

No. CA99-02-023.

135 Ohio App.3d 82 (1999)

HAYNES et al., Appellees, v. CITY OF FRANKLIN, Appellant, et al.

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

Decided October 18, 1999.


Attorney(s) appearing for the Case

Casper & Casper and Patrick W. Allen, for appellees.

James W. Gustin and John E. Brehm, Jr., for appellant.


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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