BURLINGAME v. ESTATE OF BURLINGAME

Nos. 2010-CA-00124, 2010-CA-00130

2011 Ohio 1325

Grace Burlingame, Plaintiff-Appellant, v. Estate of Dale Burlingame, et al, Defendants-Appellants, And James R. Coombs, II., et al, Defendants-Appellees.

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

DATE OF JUDGMENT ENTRY: March 21, 2011.


Attorney(s) appearing for the Case

ELIZABETH A. BURICK , 1428 Market Avenue North, Canton, OH 44714, For Plaintiff-Appellant, James Burlingame, Administrator of Estate of Grace Burlingame, Deceased.

THOMAS LOMBARDI , 101 Central Plaza S., Ste 900, Chase Tower, Canton, OH 44702, For Appellant Eva Finley, Administrator.

KRISTEN BATES AYLWARD , KEVIN L'HOMMEDIEU , Canton Law Department, City Hall, Canton, OH, For Defendant-Appellee Canton City Fire Department, Canton City Hall and James R. Combs.

ORVILLE L. REED, III , Buckingham, Doolittle & Burroughs, LLP, 3800 Embassy Parkway, Suite 300, Akron, OH 44333, For Appellant Eva Finley, Administrator.

Before: W. Scott Gwin, P.J., William B. Hoffman, J., John W. Wise, J.


OPINION

GWIN, P.J.

{¶1} Plaintiff-appellant Joseph Burlingame, as the representative of the Estate of Grace Burlingame, deceased, and defendant-appellant, Eva Finley, as the representative of the Estate of Dale Burlingame, deceased, appeal a summary judgment of the Court of Common Pleas of Stark County, Ohio, which found defendants-appellees the City of Canton and its employee James R. Coombs II are entitled to immunity from liability arising...

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