Sherwin-Williams Co. v. Dayton Freight Lines, Inc.

Factual and Procedural Background

{¶ 1} On the evening of February 7, 2000, a multiple-vehicle accident occurred on Interstate 70 near the Lewisburg exit. Appellees are 19 individuals or entities involved in litigation relating to the accident. Those involved in the accident claimed that a mixture of fog and smoke had created visibility problems that night. Whence came the smoke? Appellees claim that it came from the property of appellant, the village of Lewisburg.

{¶ 2} Earlier on the day of the accident, in an area behind the village’s water plant, Lewisburg employees were burning scrap…