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TOUHEY v. ED'S TREE & TURF, L.L.C.

No. CA2010-11-026.

194 Ohio App.3d 800 (2011)

2011-Ohio-3432

TOUHEY et al., Appellants, v. ED'S TREE & TURF, L.L.C., et al., Appellees.

Court of Appeals of Ohio, Twelfth District, Madison County.

Decided July 11, 2011.

Attorney(s) appearing for the Case

Charles V. Longo Co., L.P.A., Charles V. Longo , and Matthew D. Greenwell , for appellants.

Carborn & Butauski Co., L.P.A., and Joseph A. Butauski , for appellees.

RINGLAND, Judge.

{¶ 1} Plaintiffs-appellants, Jennifer and Thomas Touhey, appeal from the Madison County Court of Common Pleas decision granting summary judgment to defendant-appellee Ed's Tree & Turf, L.L.C., as well as its decision granting partial summary judgment to defendant-appellee Rudy Funk. For the reasons outlined below, we reverse and remand for further proceedings.

{¶ 2} On April 24, 2007, Jennifer Touhey...

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