Ohio Court of Appeals November 15, 1990, No. 90AP-402. (Barger v. Chesapeake & Ohio Railway Co.)

McCormac, Judge.

Plaintiff-appellant, Larry Barger, appeals from the judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant-appellee, Chesapeake & Ohio Railway Company, and raises the following assignments of error:

“I. The trial court erred in granting summary judgment in favor of appellee since numerous material issues existed.

“A.