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PERLBERG v. CLEVELAND

No. 91913.

2009 Ohio 1788

David Perlberg, Plaintiff-Appellee, v. City of Cleveland, Defendant-Appellant.

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

RELEASED: April 16, 2009.

Attorney(s) appearing for the Case

Robert J. Triozzi, Director of Law, Linda M. Applebaum, Assistant Director of Law, City of Cleveland, 601 Lakeside Avenue, Room 106, Cleveland, Ohio 44114, Attorneys for Appellant.

Dale R. Friedland, Spitz & Friedland, 55 Public Square, Suite 1750, Cleveland, Ohio 44113-1974, Attorney for Appellee.

Before: Celebrezze, J., McMonagle, P.J., and Dyke, J.

JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., J.:

{¶ 1} Appellant, City of Cleveland ("the City"), brings this appeal challenging the trial court's denial of summary judgment. Because this appeal involves an issue of governmental immunity, the denial constitutes a final appealable order. See R.C. 2744.02(C). After a thorough review of the record, and for the reasons set forth below, we reverse.

{¶ 2} On September...

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