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SOUTHEASTERN NATURAL GAS CO. v. VITITOE CONSTR., INC.

No. 10CAE070053.

2011 Ohio 1844

Southeastern Natural Gas Company, Plaintiff-Appellee, v. Vititoe Construction, Inc., Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: April 14, 2011.

Attorney(s) appearing for the Case

JOHN K. KELLER , JOHN M. KUHL , 52 East Gay Street, P.O. Box 1008, Columbus, OH 43216-1008, For Plaintiff-Appellee.

CRAIG G. PELINI , RAYMOND C. MUELLER , 8040 Cleveland Avenue, NW, Suite 400, North Canton, OH 44720, For Defendant-Appellant.

ANDREW J. SONDERMAN , 175 South 3rd Street, Suite 900, Columbus, OH 43215, For Amicus Curiae Ohio Gas Association.

Before: Sheila G. Farmer, P.J., Julie A. Edwards, J., Patricia A. Delaney, J.

OPINION

FARMER, P.J.

{¶1} On November 19, 2007, appellant, Vititoe Construction, Inc., was performing construction work on a public improvement project when a trackhoe operator struck and damaged an underground gas line owned by appellee, Southwestern Natural Gas Company.

{¶2} On September 10, 2008, appellee filed a complaint against appellant for negligence. A bench trial commenced on May 25, 2010. By judgment...

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