HUFF v. FIRSTENERGY CORP.

No. 2010-0857.

130 Ohio St.3d 196 (2011)

2011-Ohio-5083

HUFF ET AL., Appellees, v. FIRSTENERGY CORP. ET AL.; OHIO EDISON COMPANY ET AL., Appellants.

Supreme Court of Ohio.

Decided October 5, 2011.


Attorney(s) appearing for the Case

Betras, Kopp & Harshman, L.L.C., and David Betras , for appellees.

Harrington, Hoppe & Mitchell, Ltd., and John T. Dellick , for appellant Ohio Edison Company.

Reminger Co., L.P.A., Clifford C. Masch , Brian D. Sullivan , and Martin T. Galvin , for appellant Asplundh Tree Expert Company.


LANZINGER, J.

{¶ 1} This discretionary appeal was accepted in a personal-injury case involving a summary judgment that was reversed by the Eleventh District Court of Appeals. We are asked to determine whether a person injured by a falling tree located near, but outside, the utility's easement, is an intended third-party beneficiary of a contract between a utility and its service contractor. We hold that under the facts of this case, a contract between...

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