SHERWIN-WILLIAMS CO. v. DAYTON FREIGHT LINES

Nos. 2005-1194 and 2005-1247.

112 Ohio St.3d 52 (2006)

2006-Ohio-6498

SHERWIN-WILLIAMS COMPANY ET AL. v. DAYTON FREIGHT LINES, INC. ET AL., APPELLEES; VILLAGE OF LEWISBURG, APPELLANT.

Supreme Court of Ohio.

Decided December 27, 2006.


Attorney(s) appearing for the Case

Breidenbach, O'Neal & Bacon, Robert M. O'Neal, and Steven E. Bacon, for appellee Dayton Freight Lines.

Dyer, Garofalo, Mann & Schultz and Robert A. Burke, for appellees Ronald E. Tracy Jr. and Candace Tracy.

Freund, Freeze & Arnold and Patrick J. Janis, for appellees Gainey Transportation Services, Inc., Gainey Insurance Services, Inc., Richard D. Estes, and Heidi Boyd.

Richard M. Hunt Co., L.P.A., Richard M. Hunt, and Kevin M. Hunt, for appellees Richard D. Estes and Heidi Boyd.

James W. Gustin & Associates Co., L.P.A., and James W. Gustin, for appellant.


PFEIFER, J.

Factual and Procedural Background

{¶ 1} On the evening of February 7, 2000, a multiple-vehicle accident occurred on Interstate 70 near the Lewisburg exit. Appellees are 19 individuals or entities involved in litigation relating to the accident. Those involved in the accident claimed that a mixture of fog and smoke had created visibility problems that night. Whence came the smoke? Appellees claim that it came from...

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