FIELDS v. CSX TRANSP., INC.

No. 96831.

197 Ohio App.3d 561 (2011)

2011-Ohio-6761

FIELDS, Appellee, v. CSX TRANSPORTATION, INC., Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided December 29, 2011.


Attorney(s) appearing for the Case

Doran & Murphy, P.L.L.C., Michael L. Torcello , Christopher Murphy , and Colleen M. Blinkoff , for appellee.

Burns White, L.L.C., Patrick C. Booth , David A. Damico , and Ira L. Podheiser , for appellant.


SEAN C. GALLAGHER, Judge.

{¶ 1} Defendant-appellant, CSX Transportation, Inc., appeals the decision of the Cuyahoga County Court of Common Pleas that found that the decedent was not a smoker pursuant to R.C. 2307.91(DD). For the reasons stated herein, we reverse the decision and remand the matter to the trial court for further consideration.

{¶ 2} In June 2008, plaintiff-appellee, Pearl Fields, as representative of the estate...

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