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McMULLIN v. JOHNSMAN

C.A. No. 07CA1720.

2008 Ohio 3488

Timothy E. McMullin, Plaintiff-Appellee, v. Eric Johnsman, et al., Defendants-Appellants.

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

Rendered on July 11, 2008.

Attorney(s) appearing for the Case

Bryan K. Stewart, Atty. Reg. No.0042122, 104 S. Main Street, Tipp City, Oh 45371, Attorney for Plaintiff-Appellee.

Robert J. Surdyk, Atty. Reg. No.0006205, Kevin A. Lantz, Atty. Reg. No. 0063822, 40 N. Main Street, Suite 1610, Dayton, Oh 45423, Attorneys for Defendant-Appellant, Eric Johnsman.

OPINION

GRADY, J.

{¶ 1} This is an appeal from an order of the court of common pleas that granted a plaintiff's motion for a new trial on a jury verdict for the defendant in a personal injury case.

{¶ 2} Plaintiff, Timothy E. McMullin, was seriously injured when he was struck by a pickup truck driven by Defendant, Eric Johnsman, while McMullin was crossing State Route 118 on foot. McMullin...

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