WEBB v. HIGGS

Appellate No. 2011-CA-22.

2012 Ohio 3291

STEWART WEBB, et al., Plaintiff-Appellants, v. WILLIAM J. HIGGS, et al., Defendant-Appellees.

Court of Appeals of Ohio, Second District, Miami County.

Rendered on July 20, 2012.


Attorney(s) appearing for the Case

JOSE M. LOPEZ , Atty. Reg. #0019580, and CHRISTOPHER D. CLARK , Atty. Reg. #0065132, Lopez, Severt & Pratt Co., L.P.A., 18 East Water Street, Troy, Ohio 45373, Attorneys for Plaintiff-Appellants, Stewart and Monica Webb.

JAMES D. UTRECHT , Atty. Reg. #0015000, Utrecht & Young, LLC, 12 South Plum Street, Troy, Ohio 45373, Attorney for Defendant-Appellee, Star-Ex, Inc.

LANCE K. OLIVER , Atty. Reg. #0085767, Lawrence & Russell, LLP, 5178 Wheelis Drive, Memphis, Tennessee 38117, Attorney for Defendant-Appellee, Wal-Mart Stores, Inc.

TINA T. PECUSZOK , Atty. Reg. #0081535, 130 West Second Street, Suite 410, Dayton, Ohio 45402, Attorney for William J. Higgs.


OPINION

HALL, J.

{¶ 1} Stewart Webb appeals from the trial court's entry of final judgment against him on his respondeat superior claim against appellee Star Ex, Inc., and in his favor on a negligence claim against appellee William Higgs.1

{¶ 2} Webb advances two assignments of error on appeal. First, he contends the trial court erred in overruling his motion for a directed verdict...

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