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PLUSH v. CINCINNATI

No. C-200030.

164 N.E.3d 1056 (2020)

2020-Ohio-6713

Ron PLUSH, Individually and as Administrator of the Estate of Kyle Plush, and Jill Plush, Individually, Plaintiffs-Appellees, v. City of CINCINNATI, Harry Black, Amber Smith, Stephanie Magee, Edsel Osborn, and Brian Brazile, Defendants-Appellants.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: December 16, 2020.

Attorney(s) appearing for the Case

Gerhardstein & Branch Co. LPA, Alphonse A. Gerhardstein , Jennifer L. Branch and M. Caroline Hyatt , Cincinnati, for Plaintiffs-Appellees.

Paula Boggs Muething , City Solicitor, Peter J. Stackpole , Emily Smart Woerner and Mark R. Manning , for Defendants-Appellees City of Cincinnati, Harry Black, Amber Smith, and Stephanie Magee.

Lazarus & Lewis and Kimberly A. Rutowski , Cincinnati, for Defendants-Appellees Edsel Osborn and Brian Brazile.

OPINION.

{¶1} The city of Cincinnati, Harry Black, Amber Smith, Stephanie Magee, Edsel Osborn, and Brian Brazile ("appellants") appeal the trial court's denial of their motion to dismiss. We find that Ron and Jill Plush's ("the Plushes") claims squarely attack the city of Cincinnati's ("the city...

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