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MCFADDEN v. BUTLER

No. A1002247.

166 Ohio Misc.2d 16 (2011)

2011-Ohio-6971

McFADDEN et al. v. BUTLER.

Court of Common Pleas of Ohio, Hamilton County.

Decided June 30, 2011.

Attorney(s) appearing for the Case

Eric Deters & Associates and Eric Deters ; and William Cunningham , for plaintiff.

David Balzano , for defendant.

DEWINE, Judge.

{¶ 1} This matter comes before the court on defendant/counterclaimant Katherine Butler's motion for partial summary judgment. At issue in this automobile-negligence case is the preclusive effect, if any, of plaintiff Guy McFadden's prior conviction for running a red light. The case presents an apparently novel issue of Ohio law: may a defendant use collateral estoppel to defeat a plaintiff's claim when the defendant has asserted a...

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