Columbia Gas of Ohio, Inc. v. Columbus Asphalt Paving, Inc.

Dorrian, Judge.

{¶ 1} For the reasons outlined below, the court denies the motion for summary judgment of third-party defendant city of Westerville.

*120I. Summary of Complaint, Counterclaim, and Third Party Complaints

{¶ 2} Columbia Gas of Ohio’s original complaint and amended complaint against Columbus Asphalt Paving (“CAP”) are summarized in this court’s entry and decision filed October 31, 2005. CAP’s original counterclaim and amended counterclaim against Columbia Gas are summarized in this court’s entry and decision filed October 31, 2005. In the same entry and decision, this court dismissed…