Estate of Wagner v. Heavlin

Gene Donofrio, Judge.

Ronald K. Wagner, Administrator of the Estate of Christopher J. Wagner, plaintiff-appellant, appeals from an order of the Carroll County Court of Common Pleas granting summary judgment in favor of Timothy D. Heavlin et al., defendants-appellees.

On October 1, 1995, at approximately 1:00 a.m., Christopher J. Wagner and Callie Stephenson were in the downtown area of the village of Carrollton, Ohio. A friend of Wagner’s had lent him the key to his motorcycle. Officer Timothy Heavlin, a Carrollton police officer, was assisting with emptying parking meters when he saw Wagner…