Wayne Mutual Insurance Company, et al., Plaintiffs,
v.
John Dixon, et al., Defendants-Appellants,
v.
Atkinson Truck Sales, Inc., Third Party Defendant/Appellee.
Court of Appeals of Ohio, Fifth District, Ashland County.https://leagle.com/images/logo.png
September 3, 2008.
September 3, 2008.
Attorney(s) appearing for the Case
James J. Imbrigiotta, William H. Kotar, 510 Leader Building, 526 Superior Avenue, East, Cleveland, OH 44114, for Defendants-Appellants.
Gary A. Piper, Chad P. Hanke, 3 North Main Street, Suite 500, Mansfield, OH 44906, for Third-Party Defendant-Appellee.
Before: Hon. William B. Hoffman, P.J., Hon. W. Scott Gwin, J., Hon. Sheila G. Farmer, J.
Court of Appeals of Ohio, Fifth District, Ashland County.
OPINION
FARMER, J.
{¶1} On November 9, 2006, plaintiff, Dale Gelley, was operating a motor vehicle on State Route 89 in Ashland County, Ohio, when he was struck by rear tandem wheels which had separated from a dump truck being operated by appellant, John Dixon. The dump truck was owned by appellant James Britton, and had been purchased from appellee, Atkinson Truck Sales, Inc., located in Virginia. At the time of the accident, plaintiff...
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