CYRUS v. YELLOW TRANSP., INC.

No. 06AP-378.

169 Ohio App.3d 761 (2006)

2006-Ohio-6778

CYRUS, Appellant, v. YELLOW TRANSPORTATION, INC., Appellee.

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

Decided December 21, 2006.


Attorney(s) appearing for the Case

Agee, Clymer, Mitchell & Laret, Robert M. Robinson, Eric B. Cameron and C. Russell Canestraro, for appellant.

Thomas & Company, L.P.A., William R. Thomas and Jennifer L. Myers, for appellee.

Jim Petro, Attorney General, and John R. Smart, for defendant Administrator, Bureau of Workers' Compensation.


BRYANT, Judge.

{¶ 1} Plaintiff-appellant, James B. Cyrus, appeals from a judgment of the Franklin County Court of Common Pleas that granted summary judgment to defendant-appellee, Yellow Transportation, Inc. ("YTI"), preventing plaintiff from participating in the workers' compensation fund for an injury allegedly sustained in the course of his employment with YTI. Because a genuine issue of material fact exists in determining whether plaintiff's...

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