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HEIDER v. DEPT. OF TRANSP.

No. 12AP-115.

2012 Ohio 3771

Cynthia Sue Heider, Admr., Plaintiff-Appellant, v. Ohio Department of Transportation, Defendant-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

August 21, 2012.

Attorney(s) appearing for the Case

Barkan & Robon Ltd., Marvin A. Robon , R. Ethan Davis , and Larry E. Yunker, II , for appellant.

Michael DeWine , Attorney General, Eric A. Walker and Emily M. Simmons , for appellee.

DECISION

TYACK, J.

{¶ 1} Cynthia Sue Heider, as the Administrator of the Estate of Dr. Matthew J. Heider, is appealing from the Court of Claims of Ohio granting summary judgment in favor of the Ohio Department of Transportation ("ODOT"). She assigns three errors for our consideration:

1. The Ohio Court of Claims erred in applying collateral estoppel where the issue decided by the Third District Court of Appeals differed from the...

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