Austin v. Will-Burt Co.

MEMORANDUM OPINION

Mills, District Judge.

This cause comes before the court on the defendant’s motion for summary judgment [57-1]. Upon due consideration of the parties’ motions and memoranda, the court finds as follows:

FACTS

The plaintiffs, Elizabeth C. Austin, Heidi Elizabeth Austin and Frank Barksdale Austin are the surviving mother, sister and father, respectively, of Andrew C. Austin (“Austin”). Elizabeth C. Austin is the appointed Administratrix of Austin’s estate. The only remaining defendant, the Will-Burt Company (“Will-Burt”), was started by William Shontz and Burton Cope in Orrville,…