AKINS v. HARCO INS. CO.

No. L-03-1279.

158 Ohio App.3d 292 (2004)

2004-Ohio-4267

AKINS, Appellant and Cross-Appellee, v. HARCO INSURANCE COMPANY et al., Appellee; Owners Insurance Company, Cross-Appellant.

Court of Appeals of Ohio, Sixth District, Lucas County.

Decided August 13, 2004.


Attorney(s) appearing for the Case

David P. Miraldi, Lorain, for appellant and cross-appellee.

Susan Healy Zitterman, Detroit, MI, and Patrick B. Cavanaugh, Toledo, for appellee Harco National Insurance Company.

Erin Stottlemyer Gold and Michael F. Schmitz, Cleveland, for appellee Old Republic Insurance Company.

Cormac B. DeLaney, Toledo, for cross-appellant Owners Insurance Company.


HANDWORK, Presiding Judge.

{¶ 1} This case is before the court on appeal from a judgment of the Lucas County Court of Common Pleas. The following undisputed facts are relevant to our disposition of this cause.

{¶ 2} On the evening of May 2, 2001, the decedent, Jared Akins, an employee of Simplified Employment Services, was operating a tractor-trailer leased by JMC Logistics ("JMC") from Penske Truck Leasing ("Penske"). As Akins approached the exit...

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