DELBOCCIO v. MAIN STEEL POLISHING CO.

No. 08 MA 37.

2009 Ohio 5912

Edward A. Delboccio, Plaintiff-Appellant, v. Main Steel Polishing Co., Inc., Defendant-Appellee.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: October 28, 2009.


Attorney(s) appearing for the Case

Anthony N. Gemma, Gemma & Gemma, South Commons Professional Centre, 1040 South Commons Place, Suite 202, Youngstown, Ohio 44514, for Plaintiff-Appellant.

Timothy J. Fitzgerald, Gallagher Sharp, 1501 Euclid Avenue, Cleveland, Ohio 44115, for Defendant-Appellee.

Before: Hon. Cheryl L. Waite, Hon. Joseph J. Vukovich, Hon. Mary DeGenaro.


OPINION

WAITE, J.

{¶1} Appellant, Edward Delboccio, appeals the entry of summary judgment against him and in favor of Appellee, Main Steel Polishing Company, Inc. by the Mahoning County Court of Common Pleas on January 7, 2008. Appellant contends that genuine issues of fact are present and the trial court erred in granting summary judgment in this employer intentional tort case. Because Appellant cannot show that Appellee possessed actual...

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