FIELDS EXCAVATING, INC. v. McWANE, INC.

No. CA2008-12-114.

2009 Ohio 5925

Fields Excavating, Inc., Plaintiff-Appellant, v. McWane, Inc., Defendant-Appellee.

Court of Appeals of Ohio, Twelfth District, Clermont County.

November 9, 2009.


Attorney(s) appearing for the Case

Delawder Heald & Co., Robert C. Delawder, Philip J. Heald, P.O. Box 297, 120 S. Third Street, Suite 200, Ironton, Ohio 45638, for plaintiff-appellant.

Vorys, Sater, Seymour & Pease, LLP, Richard L. Moore, Jacob D. Mahle, James B. Lind, Atrium Two, Suite 2000, 221 East Fourth Street, P.O. Box 0236, Cincinnati, Ohio 45201-0236, for defendant-appellee.

Samantha J. Fields, 407 Center Street, Ironton, Ohio 45638, for third-party/defendant, International Fidelity Insurance.


OPINION

RINGLAND, J.

{¶1} Plaintiff-appellant, Fields Excavating, Inc., appeals a decision of the Clermont Court of Common Pleas granting summary judgment in favor of defendant-appellee, McWane, Inc. We reverse and remand.

{¶2} Fields Excavating specializes in public utility projects, primarily involving the installation of water, sewer and storm lines. Clow Water Supply, a subsidiary of McWane, manufactures ductile...

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