Fleming v. Aas Service, Inc., 2007-P-0071 (8-4-2008)

OPINION

{¶ 1} Appellants, William A. Fleming, et al., appeal from the decision of the Portage County Court of Common Pleas granting summary judgment to appellees, A.A.S. Service, Inc., et al. For the reasons discussed below, we affirm in part, reverse in part and remand the matter for further proceedings.

{¶ 2} Beginning in 2002, appellant William Fleming started as a part-time employee of appellee A.A.S. Service, Inc. (AAS) as a subcontractor assisting with painting jobs. In 2003, Mr. Fleming became a full-time employee assisting with, inter alia, chimney cleaning and repair. Mr. Fleming had…