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MAY v. MARC GLASSMAN, INC.

No. 93966.

2011 Ohio 1581

Larain May, Plaintiff-Appellee, v. Marc Glassman, Inc. d.b.a Marc's, Defendant-Appellant.

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

RELEASED AND JOURNALIZED: March 31, 2011.

Attorney(s) appearing for the Case

John C. Meros , Jack Schulman , Schulman, Schulman & Meros, 600 Standard Building, 1370 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellant.

Donald Gallick , 190 North Union Street, #201, Akron, Ohio 44304, Attorney for Appellee.

Before: E. Gallagher, J., Kilbane, A.J., and Stewart, J.

JOURNAL ENTRY AND OPINION

EILEEN A. GALLAGHER, J.:

{¶ 1} Appellant Marc Glassman, Inc., appeals the trial court's decision to grant plaintiff Larain May's motion for a new trial. The appellant argues that the trial court abused its discretion in granting the motion for a new trial because the parties did not stipulate to the issue of negligence, the trial court's jury instructions charged the jury with the determination of negligence and...

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