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Wargo v. Buck9/25/1997
lements of a negligence action. Once a jury finds that no damages have proximately resulted from said breach, a plaintiffs action has failed, and a judgment for the defendant is the appropriate mechanism for recording this. Hence, appellee's cross-appeal is well taken and his first cross-assignment of error is found to be with merit.
The judgment of the trial court is hereby affirmed in part and reversed in part, and this matter is remanded to the trial court with instructions to issue judgment in favor of appellee/ cross-appellant.
Judgment accordingly.
COX and VUKOVICH, JJ., concur.
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