Yinger v. Ohio Department of Transportation

Fred J. Shoemaker, Judge.

The above-captioned cases were tried before the court together from September 30, 1991 through October 9, 1991, on the sole issue of liability. Continental Ins. Co. v. Ohio Dept. of Transp., No. 91-03644, is a derivative action for indemnification for a settlement involving plaintiffs Donald L. Beckett (88-13502) and Martha A. Yinger (89-12941). Based upon the evidence and arguments presented, the court renders the following findings and conclusions.

The Ohio Department of Transportation (“ODOT”) let a contract in 1987 for reconstruction of part of 1-270 in northeast…