HICKS v. ESTATE OF MULVANEY

C.A. Case No. 22721.

2008 Ohio 4391

Patrick L. Hicks, Plaintiff-Appellant, v. Estate of Jerald L. Mulvaney, Defendant-Appellee.

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

Rendered on the August 29, 2008.


Attorney(s) appearing for the Case

F. Harrison Green, Atty. Reg. No. 0039234, Executive Park, Suite 230, 4015 Executive. Park Drive, Cincinnati, Ohio 45241, Attorney for Plaintiff-Appellant.

R. Michael Phebus, Atty. Reg. No. 0060139, 4015 Executive Park Drive, Suite 230, Cincinnati, Ohio 45241, Attorney for Plaintiff-Appellant.

Steven O. Dean, Atty. Reg. No. 0009095, 130 W. Second Street, Suite 2000, Dayton, Ohio. 45402, Attorney for Defendant-Appellee.


OPINION

DONOVAN, J.

{¶ 1} Plaintiff-appellant Patrick L. Hicks appeals a decision of the Montgomery County Court of Common Pleas, General Division, which sustained the motion for summary judgment of defendant-appellee Estate of Jerald L. Mulvaney (hereinafter "the appellee") on March 24, 2008. Hicks filed a timely notice of appeal on April 22, 2008.

I

{¶ 2} The incident which forms...

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