No. 96831.

197 Ohio App.3d 561 (2011)


FIELDS, Appellee, v. CSX TRANSPORTATION, INC., Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided December 29, 2011.

Attorney(s) appearing for the Case

Doran & Murphy, P.L.L.C., Michael L. Torcello , Christopher Murphy , and Colleen M. Blinkoff , for appellee.

Burns White, L.L.C., Patrick C. Booth , David A. Damico , and Ira L. Podheiser , for appellant.


{¶ 1} Defendant-appellant, CSX Transportation, Inc., appeals the decision of the Cuyahoga County Court of Common Pleas that found that the decedent was not a smoker pursuant to R.C. 2307.91(DD). For the reasons stated herein, we reverse the decision and remand the matter to the trial court for further consideration.

{¶ 2} In June 2008, plaintiff-appellee, Pearl Fields, as representative of the estate...

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