PETSCH v. INN

No. 95039

2011 Ohio 838

MARIE PETSCH, ET AL., PLAINTIFFS-APPELLEES, v. HAMPTON INN, ET AL., DEFENDANTS-APPELLANTS.

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

RELEASED AND JOURNALIZED: February 24, 2011


Attorney(s) appearing for the Case

For Blue Cross & Blue Shield, Daran P. Kiefer , Kreiner & Peters Co., L.P.A., 2570 Superior Avenue, Suite 401, P.O. Box 6599, Cleveland, Ohio 44101 ATTORNEY FOR APPELLANTS.

For Marie Petsch, Michael J. Elliott , Lawrence J. Scanlon , Scanlon & Elliott, 400 Key Building, 159 South Main Street, Akron, Ohio 44308, For Architectural Group III, James P. Hanratty , The Everett Building, 39 East Market Street, Suite 301, Akron, Ohio 44308, For Fortney & Weygandt, Inc., William M. Kovach , Park Center Plaza II, Suite 450, 6150 Oak Tree Boulevard, Independence, Ohio 44131, For Hampton Inn, Kenneth A. Calderone , Hanna, Campbell & Powell, LLP, 3737 Embassy Parkway, P.O. Box 5521, Akron, Ohio 44334, ATTORNEYS FOR APPELLEES.

BEFORE: Jones, J., Sweeney, P.J., and Rocco, J.


JOURNAL ENTRY AND OPINION

LARRY A. JONES, J.

{¶ 1} Defendant-appellant, Blue Cross & Blue Shield of Michigan ("Blue Cross"), appeals the trial court's February 10, 2009 judgment denying its first motion to dismiss (for failure to state a claim upon which relief can be granted). It also appeals the trial court's March 30, 2010 judgment wherein the court (1) denied Blue Cross's second motion to dismiss (for lack of subject matter jurisdiction...

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