Haynes v. City of Franklin

Walsh, Judge.

Defendant-appellant, the city of Franklin, appeals an order of the Warren County Court of Common Pleas overruling its motion for summary judgment.

In the summer of 1994, the city hired Armrel-Byrnes Company, a general contractor, to resurface several roads in the city, including a stretch of Trenton-Franklin Road. The contract did not include berm work. That work was instead done by the city’s Public Works Street Superintendent and his crew. There were no paved shoulders on Trenton-Franklin Road. The road was abutted either by a combination of grass, dirt, and/or blacktop, or,…