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ROSSITER v. SMITH

C.A. No. 12CA0023.

2012 Ohio 4434

DENISE L. ROSSITER, et al., Appellant, v. KYLE B. SMITH, et al., Appellees.

Court of Appeals of Ohio, Ninth District, Wayne County.

September 28, 2012.

Attorney(s) appearing for the Case

Timothy B. Saylor , Attorney at Law, for Appellant.

Mark Baserman , Attorney at Law, for Appellee.

DECISION AND JOURNAL ENTRY

WHITMORE, Presiding Judge.

{¶1} Plaintiff-Appellant, Denise Rossiter, the Administrator of the Estate of Justin Rossiter ("Administrator"), appeals from the judgment of the Wayne County Court of Common Pleas, granting summary judgment in favor of Defendant-Appellee, Kyle Smith. This Court reverses.

I

{¶2} Justin Rossiter died after a car driven by Smith collided with a utility...

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