MELESKY v. SummaCARE, INC.

No. 2011-CA-00206.

2012 Ohio 1336

CHRISTA M. MELESKY, ET AL, Plaintiffs-Appellants, v. SUMMACARE, INC., ET AL, Defendants-Appellees.

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

DATE OF JUDGMENT ENTRY: March 27, 2012.


Attorney(s) appearing for the Case

JON A. TROYER , 1953 Gulf St. N.W., Uniontown, OH 44685, For Plaintiff-Appellant.

PAUL L. JACKSON , ROETZEL & ANDRESS, LPA, 222 South Main Street, Akron, OH 44308, For Defendant-Appellee.

MICHAEL V. DEMCZYK , McNamara, Demczyk & DeHaven Co., L.P.A., 12370 Cleveland Avenue N.W., P.O. Box 867, Uniontown, OH 44685-0867, For Appellees.

W. Scott Gwin, P.J., William B. Hoffman, J., Julie A. Edwards, J.


OPINION

GWIN, P.J.

{1} Plaintiffs-appellants Christa M. and Michael J. Melesky appeal a judgment of the Court of Common Pleas of Stark County, Ohio, entered in favor of defendant-appellee SummaCare, Inc. which sustained SummaCare's motion to dismiss made pursuant to Civ. R. 12 (B)(6). Appellants assign three errors to the trial court:

{2} "I. THE TRIAL COURT ERRED IN HOLDING THAT SUMMACARE, INC. IS ENTITLED TO RELY ON ERISA...

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