DUNLAP v. W.L. LOGAN TRUCKING., Unpublished Decision (2-9-2006)


2006-Ohio-1103

David Dunlap, et al., Plaintiffs, v. W.L. Logan Trucking Company, et al., Defendants/Third-Party Plaintiffs. v. Department of Transportation, Third-Party Defendant.

No. 2001-04646-PR.Court of Claims of Ohio.
Filed February 9, 2006.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Daniel M. Sucher, 55 Public Square, Suite 1020, Cleveland, Ohio 44113, Attorney for Plaintiffs.

Jeffrey J. Jurca, Jennifer A. Otis, William M. Harter, 175 South Third Street, 7th Fl., Columbus, Ohio 43215, Attorneys for Defendants/Third-Party Plaintiffs.

Peter E. DeMarco, Assistant Attorney General, 150 East Gay Street, 23rd Floor, Columbus, Ohio 43215-3130, Attorney for Third-Party Defendant.

JUDGMENT ENTRY {¶ 1} On April 11, 2003, this court entered judgment in favor of defendant/third-party plaintiff, W.L. Logan Trucking Company. However, on May 20, 2005, the Court of Appeals reversed the judgment and remanded the case for further proceedings. Se Dunlap v. W.L. Logan Trucking Co., 161 Ohio App.3d 51, 2005-Ohio-2386. This case is sua sponte reassigned from retired Judge J. Warren Bettis to Judge Joseph T. Clark to conduct all proceedings necessary in this matter.

{¶ 2} In accordance with the judgment entry of the Court of Appeals, judgment is hereby rendered in favor of third-party defendant. Court costs are assessed against defendants/third-party plaintiffs. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. The clerk is also directed to return the original papers to the Stark County Court of Common Pleas.