Colarik v. Young

The trial court sustained a demurrer to the plaintiff-appellant’s second amended petition. The court took the position, in sustaining the demurrer in each instance, that the petition did not state a cause of action. The facts stated in the petition and the amended petition indicate clearly that the injury, upon which plaintiff’s claimed right of participation in the State Insurance Fund was founded, was not accidental in character, as defined in Dripps v. Industrial Commission of Ohio, 165 Ohio St., 407.

The trial judge, after sustaining the demurrer to the amended petition, denied the…