Touhey v. Ed's Tree & Turf, L.L.C

Ringland, Judge.

{¶ 1} Plaintiffs-appellants, Jennifer and Thomas Touhey, appeal from the Madison County Court of Common Pleas decision granting summary judgment to defendant-appellee Ed’s Tree & Turf, L.L.C., as well as its decision granting partial summary judgment to defendant-appellee Rudy Funk. For the reasons outlined below, we reverse and remand for further proceedings.

{¶ 2} On April 24, 2007, Jennifer Touhey was injured in an automobile accident when she collided with a truck and trailer owned by Ed’s Tree & Turf, a landscaping company owned and operated by Mark E. Ross. At the time of…