TURNER, ADMR., Appellee,
v.
OHIO BELL TELEPHONE COMPANY, D.B.A. SBC OHIO, ET AL., Appellants.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted November 27, 2007.
Decided May 7, 2008.
Attorney(s) appearing for the Case
John J. Spellacy; and Allan & Gallagher, L.L.P., and Sean P. Allan, for appellee.
Thompson Hine, L.L.P., William R. Case, Scott A. Campbell, and Jennifer E. Short, for appellant South Central Power Company.
Calfee, Halter & Griswold, L.L.P., Thomas I. Michals, and Anthony F. Stringer, for appellant Ohio Bell Telephone Company, d.b.a. SBC Ohio.
Ulmer & Berne, L.L.P., and Richik Sarkar, urging reversal for amici curiae Ohio Edison Company, Cleveland Electric Illuminating Company, Toledo Edison Company, and FirstEnergy Corp.
Thompson Hine, L.L.P., and Kurt P. Helfrich, urging reversal for amicus curiae Ohio Rural Electric Cooperatives, Inc.
Thompson Hine, L.L.P., Thomas E. Lodge, Andrew H. Cox, and William J. Hubbard, urging reversal for amicus curiae Verizon North, Inc.
Douglas E. Hart, urging reversal for amicus curiae Cincinnati Bell Telephone Company, L.L.C.
Joseph R. Stewart, urging reversal for amicus curiae United Telephone Company of Ohio, d.b.a. Embarq.
Bailey Cavalieri, L.L.C., and William A. Adams, urging reversal for amici curiae Windstream Ohio, Inc., and Windstream Western Reserve, Inc.
Thompson Hine, L.L.P., Thomas E. Lodge, and Carolyn Flahive, urging reversal for amicus curiae Ohio Telecom Association.
Supreme Court of Ohio.
LANZINGER, J.
{¶ 1} This case presents us with the question of when a utility company may be liable when a driver hits one of its utility poles. The facts of this case are undisputed. In the early morning of September 10, 2003, Bryan Hittle and his passenger, Robert Turner, were on their way to work at Layton Excavating, Inc., driving south on State Route 188 in Pleasant Township, Ohio...
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