Sciko v. Cleveland Electric Illuminating Co.

Ann McManamon, Judge.

This appeal challenges the purported dismissal of a negligence action on a Civ.R. 12(B)(6) motion as well as the failure to join an indispensable party pursuant to Civ.R. 19.

Robert and Gloria Seiko filed a complaint against the Cleveland Electric Illuminating Company (“CEI”) on November 7, 1991 after an allision between Robert Seiko’s powerboat and a CEI breakwall located in Eastlake. The action also named three other parties, who were later dismissed by the plaintiffs.

In their first cause of action, the Scikos claimed CEI was negligent in not providing proper lighting on…