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KENNERLY v. MONTGOMERY CTY. BD. OF COMMRS.

No. 20280.

158 Ohio App.3d 271 (2004)

2004-Ohio-4258

KENNERLY et al., Appellant, v. MONTGOMERY COUNTY BOARD OF COMMISSIONERS, Appellee, et al.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided August 13, 2004.

Attorney(s) appearing for the Case

David G. Roach, Dayton, for appellant.

John A. Cumming, Youngstown, for appellee.

GRADY, Judge.

{¶ 1} Plaintiff, Sheila Kennerly, appeals from an order of the court of common pleas that granted a Civ.R. 12(C) motion for judgment on the pleadings filed by defendant Montgomery County Board of Commissioners.

{¶ 2} On July 13, 1999, Kennerly's son, Byron, was murdered by Peter Atakpu, following Atakpu's removal of a court-ordered electronic home-monitoring restraint he wore and his escape from home detention.

{¶ 3} Kennerly...

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