MOODY v. PILOT TRAVEL CTRS., LLC

No. CA2011-07-141.

2012 Ohio 1478

LOWELL MOODY, et al., Plaintiffs-Appellants, v. PILOT TRAVEL CENTERS, LLC, et al., Defendants-Appellees.

Court of Appeals of Ohio, Twelfth District, Butler County.

April 2, 2012.


Attorney(s) appearing for the Case

Timothy R. Evans , 29 North D Street, P.O. Box 687, Hamilton, Ohio 45013, for plaintiff-appellant, Lowell Moody and plaintiff, Judith Moody.

Donald J. Richardson and Jennifer R. Becker , 1300 East Ninth Street, Suite 1950, Cleveland, Ohio 44114, for defendant-appellee, Pilot Travel Centers & Pilot Corporation.

Robert D. Kehoe and Kathleen A. Cole , 810 Sycamore Street, Suite 217, Cincinnati, Ohio 45202, for defendant-appellee, Ohio Bureau of Workers Compensation.


OPINION

RINGLAND, J.

{¶ 1} Plaintiff-appellant, Lowell Moody, appeals the decision of the Butler County Court of Common Pleas granting summary judgment to defendant-appellee, Pilot Travel Centers, LLC.

{¶ 2} On the afternoon of August 11, 2006, Moody, a truck driver, stopped at a Pilot Truck Stop on I-71 near London, Ohio to get fuel for his truck. It was not raining. The truck had two fuel tanks, one on each side...

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