Ohio Court of Appeals July 13, 1990, No. L-90-126. (Smith v. Minnick)

Per Curiam.

This matter is before the court on appeal from a decision of the Lucas County Court of Common Pleas entered on March 29, 1990, granting defendant-appellee city of Toledo’s motion to dismiss pursuant to Civ.R. 12(B)(6).

The pertinent facts of this case are as follows. On December 9, 1988, a fire broke out at 818 Lagrange Street, Toledo, Ohio, in which Anthony J.