STAPH v. SHELDON

No. 91619.

2009 Ohio 122

Jack Staph, et al., Plaintiffs-Appellants, v. Ted Sheldon, et al., Defendants-Appellees.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: January 15, 2009.


Attorney(s) appearing for the Case

Andrea E.M. Stone, Steven W. Albert, Ulmer & Berne LLP, Skylight Office Tower, 1660 West 2nd Street, Suite 1100, Cleveland, Ohio 44113-1448, Attorneys for Appellants.

Clark D. Rice, Koeth, Rice & Leo Co., L.P.A., 1280 West Third Street — 2nd Floor, Cleveland, Ohio 44113-1514, For Appellee Ted Sheldon, et al.,

James O'Connor, George S. Coakley, Reminger & Reminger, 1400 Midland Building, 101 Prospect Avenue, West, Cleveland, Ohio 44115-1093, For Appellee Van Auken Akins Architects.

Paul D. Eklund, Davis & Young, 1200 Fifth Third Center, 600 Superior Avenue, East, Cleveland, Ohio 44114-2654, For Appellee Daniel Zust, Dba Northeast Roofing, Attorneys for Appellees.

Before: Kilbane, J., Calabrese, P.J., and Stewart, J.


JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.:

{¶ 1} Plaintiffs-appellants Jack Staph (Jack) and Bernadette Staph (Bernadette), or collectively (the Staphs), appeal from the decision of the trial court granting summary judgment which dismissed their claim of negligence against defendant-appellee Van Auken Akins Architects LLC (VAA), as set forth in count six of their amended complaint. For the following reasons, we reverse the trial...

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