EIKENBERRY v. MUNICIPALITY OF NEW LEBANON

No. 28856.

168 N.E.3d 65 (2021)

2021-Ohio-453

Kevin EIKENBERRY, Plaintiff-Appellant, v. MUNICIPALITY OF NEW LEBANON, et al., Defendant-Appellee.

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

Rendered on February 19, 2021.


Attorney(s) appearing for the Case

LOWELL T. WOODS, JR. , Atty. Reg. No. 0068768 & JENNIFER D. BRUMBY , Atty. Reg. No. 0076440, 40 North Main Street, Suite 1700, Dayton, Ohio 45423, Attorneys for Plaintiff-Appellant.

JAMES H. GORDON, JR. , Atty. Reg. No. 0068454 & JEREMY R. KOPP , Atty. Reg. No. 0090577, Two Miranova Place, Suite 300, Columbus, Ohio 432105, Attorneys for Defendant-Appellee.


OPINION

{¶ 1} Kevin Eikenberry appeals the trial court's grant of summary judgment to the Municipality of New Lebanon ("the city") on his claim alleging that the city's negligent failure to reinstate the lateral sewer service connection from his apartment building to the sewer main caused sewage to backup into...

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