Clayton v. McCullough

CIRILLO, Judge:

Virginia Clayton, administratrix of the estate of Fred Herrod, her son, appeals from an order entered in the Court of Common Pleas of Greene County, dismissing her amended complaint. We affirm.

Herrod was struck by a vehicle operated by Wanda Steinhoff, resulting in Herrod’s death. Rebecca McCullough, the appellee, was a passenger in Steinhoffs car at the time of the accident. The facts alleged in Clayton’s amended complaint reveal that on December 30, 1993, Steinhoff and McCullough consumed alcohol at the Terrace Lounge between the hours of 7:00 p.m. and 11:00 p.m. Steinhoff…