COMPANY WRENCH, LTD. v. ANDY'S EMPIRE CONSTR., INC.

No. 94959.

2010 Ohio 5790

Company Wrench, Ltd., Plaintiff-Appellee, v. Andy's Empire Construction, Inc., et al., Defendants-Appellants.

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

RELEASED AND JOURNALIZED: November 24, 2010.


Attorney(s) appearing for the Case

Matthew Gilmartin , P.O. Box 949, North Olmsted, Ohio 44070, Carol Jackson, 3900 Cullen Drive, Cleveland, Ohio 44105, Attorneys for Appellant.

Jack Curtis , Hohmann, Boukis & Curtis, Co., LPA, 520 Standard Building, 1370 Ontario Street, Cleveland, Ohio 44113-1790, for Company Wrench Brian T. Winchester , McNeal, Schick, Archibald & Biro Co., 123 West Prospect Avenue —Suite 250, Cleveland, Ohio 44115, Auto Owner's Insurance, Courtney J. Trimacco , Reminger & Reminger, 1400 Midland Building, 101 Prospect Avenue, West, Cleveland, Ohio 44115, for Clark Brassell, et al.. Edward J. Mamone , Gurney, Miller & Mamone, 75 Public Square #1100, Cleveland, Ohio 44113, for N&K Construction, et al.. Attorneys for Appellees.

Before: Kilbane, J., Gallagher, A.J., Jones, J.


JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.

{¶ 1} Appellants, Andy's Empire Construction, Inc. ("Andy's") and Andrew Kiss ("Kiss"), appeal the trial court's grant of summary judgment in favor of appellee, Owners Insurance Company ("Owners"), from liability arising out of damage to a backhoe that was being hauled by N&K Equipment ("N&K"), a subcontractor for Andy's. After reviewing the facts and the pertinent law, we affirm...

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