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SIDENSTRICKER, II v. MILLER PAVEMENT MAINTENANCE, INC.

No. 09AP-523.

2009 Ohio 6574

James A. Sidenstricker, II, Plaintiff-Appellant, v. Miller Pavement Maintenance, Inc., Defendant-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on December 15, 2009.

Attorney(s) appearing for the Case

Ferron & Associates, John W. Ferron, Lisa A. Wafer and Jessica G. Fallon, for appellant.

Dinsmore & Shohl, LLP, and Jan E. Hensel, for appellee.

Thompson & Bishop, and Christy B. Bishop, for amicus curiae Ohio Employment Lawyers Association.

DECISION

TYACK, J.

{¶1} This is the third appeal of this case. The prior appeals ultimately resulted in a remand of the case for trial on the merits. The trial court delayed conducting the trial and then granted summary judgment for Miller Pavement Maintenance, Inc. ("Miller Pavement") based upon a finding that the case of Bickers v. W. & S. Life Ins. Co., 116 Ohio St.3d 351, 2007-Ohio...

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