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WHELAN v. VANDERWIST OF CINCINNATI, INC.

No. 2010-G-2999.

2011 Ohio 6844

Eugene Whelan, Executor of the Estate of Edward Whelan, Deceased, Plaintiff, v. Vanderwist of Cincinnati, Inc., et al., Defendants, The Netherland Insurance Co., et al., Intervening Plaintiffs-Appellees, v. Vanderwist of Cincinnati, Inc., et al., Defendants, Eugene Whelan, Executor of the Estate of Edward Whelan, Deceased, Defendant-Appellant.

Court of Appeals of Ohio, Eleventh District, Geauga County.

December 30, 2011.

Attorney(s) appearing for the Case

Daniel A. Richards , Weston Hurd, L.L.P., 1900 The Tower at Erieview, 1301 East Ninth Street, Cleveland, OH 44114-1862 (For Intervening Plaintiffs-Appellees).

Thomas M. Wilson and Jennifer L. Mancino , Kelley & Ferraro, L.L.P., 2200 Key Tower, 127 Public Square, Cleveland, OH 44114 (For Defendant-Appellant).

OPINION

TIMOTHY P. CANNON, P.J.

{¶1} Appellant, Eugene Whelan, Executor of the Estate of Edward Whelan, deceased ("Whelan"), appeals the judgment entered by the Geauga County Court of Common Pleas. The trial court granted The Netherland Insurance Company and Indiana Insurance Company's ("Netherland/Indiana Insurance") motion to dismiss Whelan's counterclaim, pursuant to Civ.R. 12(B)(6), for failure to state a claim upon which relief can...

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