Sherwin Williams Co. v. Dayton Freight Lines

Wolff, Judge.

{¶ 1} Dayton Freight Lines, Inc. (“Dayton Freight”), Gainey Transportation Services, Inc. (“Gainey”), Richard D. Estes, Heidi L. Boyd, and Ronald and Candace Tracy appeal from a judgment of the Montgomery County Court of Common Pleas, which granted summary judgment in favor of the village of Lewisburg.

{¶ 2} The events that gave rise to this lawsuit are as follows:

{¶ 3} On February 7, 2000, Lewisburg employees were burning discarded Christmas trees and other yard and lumber waste in an area behind the village’s water plant. The water plant was less than one-half mile north of…