Whelan v. Vanderwist of Cincinnati, Inc., 2007-G-2769 (5-2-2008)

OPINION

{¶ 1} Appellant, Eugene Whelan, Executor of the Estate of Edward Whelan, deceased ("Whelan"), appeals the judgment entered by the Geauga County Court of Common Pleas. The trial court entered summary judgment in favor of appellee, Vanderwist of Cincinnati, Inc. ("Vanderwist").

{¶ 2} In April 2004, Todd Kinsey began working at Vanderwist as a service technician. Kinsey lived in Ravenna, Ohio and would commute to the Vanderwist garage in Chagrin Falls, Ohio every morning. Once at the garage, Kinsey would clock in, obtain his work assignments for the day, and then leave with other…