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STEVENS v. ACKMAN

Nos. 00-225 and 00-513.

91 Ohio St.3d 182 (2001)

STEVENS, APPELLANT, v. ACKMAN ET AL.; CITY OF MIDDLETOWN, APPELLEE.

Supreme Court of Ohio.

Decided March 28, 2001.

Attorney(s) appearing for the Case

Ted L. Wills, Howard M. Schwartz and Marc D. Mezibov, for appellant.

Robert J. Gehring and Leslie S. Landen, Middletown Law Director, for appellee.

Arthur, O'Neil, Mertz & Bates Co., L.P.A., and Joseph W. O'Neil, urging reversal for amicus curiae Ohio Academy of Trial Lawyers.

John E. Gotherman, Barry M. Byron and Stephen L. Byron, urging affirmance for amicus curiae Ohio Municipal League.

Isaac, Brant, Ledman & Teetor, Mark Landes and Paul A. Mackenzie, urging affirmance for amici curiae County Commissioners' Association of Ohio and County Engineers' Association of Ohio.

ALICE ROBIE RESNICK, J.

I

Facts and Procedural History

On December 16, 1994, seventeen-year-old Corey C. Banks died in an automobile accident on Roosevelt Avenue (also called Roosevelt Road) in Middletown, Ohio. Banks was a passenger in an automobile operated by Emily J. Duff, now known as Emily J. Ackman, a classmate of his at Middletown High School. Duff's vehicle went left of center in a heavy rain and collided with an oncoming...

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