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SULLIVAN v. SHIMP

No. 01-4193.

324 F.3d 397 (2003)

Walter SULLIVAN III, Plaintiff-Appellant, Briana Sullivan et al., Plaintiffs, v. Tedd SHIMP et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 1, 2003.

Attorney(s) appearing for the Case

Marilyn R. Donoff (briefed), Paul W. Mills (argued and briefed), M.R. Donoff and Associates, Dayton, OH, for Plaintiff-Appellant.

Shaun A. Roberts (argued), Stephen C. Findley (briefed), Freund, Freeze & Arnold, Dayton, OH, Timothy P. Heather, Benjamin, Yocum & Heather, Cincinnati, OH, Gregory P. Dunsky (argued), Patrick D. Quinn (briefed), United States Attorney's Office, Dayton, OH, for Defendants-Appellees.

Before: COLE, GILMAN, and BRIGHT, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

On Sunday, March 12, 1995, Tedd Shimp and Walter Sullivan, III were involved in a traffic accident that severely injured Sullivan. Shimp, a civil attorney employed by the United States Air Force, was returning home from his office at the Air Force base, where he had picked up documents and otherwise prepared for a work-related trip the following day.

Sullivan and his children brought an action against Shimp in state...

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