Havens-Tobias v. Schwan's Sales Enterprise, Inc.

Donovan, Judge.

{¶ 1} Plaintiff-appellants, Christi Havens-Tobias and David Tobias, appeal from a judgment of the Montgomery County Court of Common Pleas granting a directed verdict in favor of appellee Schwan’s Sales Enterprises, Inc. For the following reasons, the judgment of the trial court is affirmed.

I

{¶ 2} The following undisputed facts were adduced at trial held March 22, 2004.

{¶ 3} The Tobiases purchased food items from Schwan’s, a company that delivers prepared meals and other food items to its customers’ homes. Customers pay Schwan’s drivers for the merchandise they purchase,…