MIZER v. SMITH

No. 09-CA-00026.

2009 Ohio 6820

Richard D. Mizer, Plaintiff-Appellant, v. Aaron Lee Smith, Sr., Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Licking County.

DATE OF JUDGMENT ENTRY: December 21, 2009.


Attorney(s) appearing for the Case

Steven T. Greene, Morrow, Gordon & Byrd, Ltd., 33 West Main Street, P.O. Box 4190, Newark, Ohio 43058-4190, for Plaintiff-Appellant.

Rodney A. Nelson, Reese, Pyle, Drake & Meyer, P.L.L., 36 North Second Street, P.O. Box 919, Newark, Ohio 43058-0919, C. Daniel Hayes, Hayes Law Offices, 195 East Broad Street, P.O. Box 958, Pataskala, Ohio 43062, for Defendant-Appellee.

Before: W. Scott Gwin, P.J., William B. Hoffman, J., Julie A. Edwards, J.


OPINION

EDWARDS, J.

{¶1} Appellant, Richard D. Mizer, appeals a judgment of the Licking County Municipal Court granting judgment against appellant on his negligence claim against appellee Aaron Lee Smith, Sr., and awarding appellee damages of $1,545.00 on his claim for trespass against appellant.

STATEMENT OF FACTS AND CASE

{¶2} Appellee owns a family farm in Licking County known as A&B Ranch. The...

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