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MIDDLETON v. LUNA'S RESTAURANT & DELI, L.L.C.

No. 2011 CA 00004.

2011 Ohio 4388

David B. Middleton, Plaintiff-Appellee, v. Luna's Restaurant & Deli, LLC, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: August 29, 2011.

Attorney(s) appearing for the Case

DAVID B. SPAULDING , 158 Wilbur Drive, NE, North Canton, Ohio 44720, for Plaintiff-Appellee.

RANDALL M. TRAUB , PELINI CAMPBELL WILLIAMS & TRAUB, 8040 Cleveland Avenue NW, Suite 400, North Canton, Ohio 44720, for Defendant-Appellant.

Before: W. Scott Gwin, P. J., John W. Wise, J., Julie A. Edwards, J.

OPINION

WISE, J.

{¶1} Appellant appeals the January 4, 2011, decision of the Stark County Court of Common Pleas, denying his motion for relief from judgment.

STATEMENT OF THE FACTS AND CASE

{¶2} This matter arises out of an alleged slip and fall accident which occurred on or about May 14, 2010. Specifically, Appellee David B. Middleton alleges that after having lunch at Luna's Restaurant...

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