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SIMMONS v. AM. PACIFIC ENT., L.L.C.

No. 05AP-474.

164 Ohio App.3d 763 (2005)

2005-Ohio-6957

SIMMONS et al., Appellants, v. AMERICAN PACIFIC ENTERPRISES, L.L.C. et al., Appellees.

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

Decided December 29, 2005.

Attorney(s) appearing for the Case

Wilcox, Schlosser & Bendig Co., L.P.A., and Jacob A. Schlosser, for appellants.

Lane, Alton & Horst, L.L.C., and John C. Barno, for appellee American Pacific Enterprises, L.L.C.

BRYANT, Judge.

{¶ 1} Plaintiffs-appellants, Julius G. Simmons ("Simmons") and Pamela Simmons, appeal from a judgment of the Franklin County Court of Common Pleas granting the summary judgment motion of defendants-appellees, American Pacific Enterprises, L.L.C. ("APE") and Florian Brahimi. Because a genuine issue of material fact arises in determining whether the open-and-obvious doctrine absolves defendants of liability for Simmons's injury, we reverse...

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