Schwarzbek v. City of Wauseon

Sherck, Judge.

This appeal comes to us from the Fulton County Court of Common Pleas. In a wrongful death survival action, the common pleas court entered judgment on a defense verdict returned by a Fulton County jury. Because the trial court erroneously instructed the jury that the collision between an EMS unit and a passenger car at a red light could be found to be an unavoidable accident, we reverse.

Appellant is Christina Schwarzbek, executor of the estates of Blaine and Mildred Sanders. Appellee is the city of Wauseon.

On May 17, 1993, the Sanderses were eastbound on U.S. Route 20A, which…