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TUCKER v. KROGER CO.

No. 98AP-1383.

133 Ohio App.3d 140 (1999)

TUCKER, Appellant, v. KROGER COMPANY et al., Appellees.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided September 9, 1999.

Attorney(s) appearing for the Case

James D. McNamara, for appellant.

Lane, Alton & Horst, Jeffrey W. Hutson and John D. Studenmund, for appellees Kroger Company and Scott Marcum.

Isaac, Brant, Ledman & Teetor, Michael R. Szolosi and David W. Orlandini, for appellees Wackenhut Security Corporation and Matt Emmitt.

BOWMAN, Judge.

On September 3, 1995, plaintiff-appellant, Dennis Tucker, entered the Kroger store at Hamilton and Refugee Roads at approximately 12:20 a.m. to purchase Advil for his girlfriend. Tucker testified that he compared prices on two bottles of Advil and then decided not to purchase any because the price was too high. He placed the boxes back on the shelf and walked to the bottled water aisle. The brand he...

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