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BEARY v. LARRY MURPHY DUMP TRUCK SERV., INC.

No. 2011-CA-00048.

2011 Ohio 4977

Joseph Beary, Plaintiff-Appellant, v. Larry Murphy Dump Truck Service, Inc., et al, Defendant-Appellee.

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

DATE OF JUDGMENT ENTRY: September 26, 2011.

Attorney(s) appearing for the Case

DANIEL M. SUCHER , Young & Sucher PLL, 1001 Jaycox Road, Avon, OH 44011, for Plaintiff-Appellant.

KENNETH A. CALDERONE , Hanna, Campbell & Powell, LLP, 3737 Embassy Parkway, Akron, OH 44334, for Defendant-Appellee.

Before: W. Scott Gwin, P.J., William B. Hoffman, J., Sheila G. Farmer, J.

OPINION

GWIN, P.J.

{¶1} Plaintiff-appellant Joseph Beary appeals a summary judgment of the Court of Common Pleas of Stark County, Ohio, entered in favor of defendants-appellees Larry Murphy Dump Truck Service, Inc. and Road Aggregates, Inc. Appellant assigns two errors to the trial court:

{¶2} "I. THE TRIAL COURT ERRED BY GRANTING DEFENDANT MURPHY TRUCK SUMMARY JUDGMENT WHERE ISSUES OF FACT EXIST REGARDING THE...

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