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HUBBELL v. CITY OF XENIA

No. 2005 CA 99.

167 Ohio App.3d 294 (2006)

2006-Ohio-3369

HUBBELL, Appellee, v. CITY OF XENIA, Appellant.

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

Decided June 29, 2006.

Attorney(s) appearing for the Case

Michael P. McNamee and Gregory B. O'Connor, for appellee.

Lynnette Pisone Ballato and Tabitha Justice, for appellant.

Per Curiam.

{¶ 1} The city of Xenia appeals from an order of the Greene County Court of Common Pleas, which denied its motion for summary judgment on sovereign immunity pursuant to R.C. 2744.03(A)(5). In denying the motion, the trial court found that genuine issues of material fact existed as to whether the actions of the city's employees were negligent. At oral argument held on November 15, 2005, we requested that the parties brief the issue of...

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