DECISION OF THE MAGISTRATE ANDERSON M. RENICK, Magistrate. { 1} Plaintiff 1 brings this action for wrongful death against defendant, Ohio Department of Transportation (ODOT), on behalf of himself and the heirs of decedent, Traci Reed. Plaintiff also brings an action for negligence on behalf of his minor son, Conner Reed. The issues of liability and damages were bifurcated and the case proceeded to trial on the issue of liability. { 2} Traci and plaintiff were married in 1990, and the...
ENTRY GRANTING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS JOSEPH T. CLARK, Judge. { 1} On November 1, 2011, defendant filed a motion for judgment on the pleadings as to plaintiff's claim for declaratory relief. 1 On November 29, 2011, with leave of court, plaintiff filed both a response and a motion to remand this case to the Cuyahoga County Court of Common Pleas. 2 { 2} Defendant argues that plaintiff's sole remaining claim for declaratory relief fails as a matter of law...
DECISION CLARK B. WEAVER SR., Judge. { 1} On November 18, 2010, defendant filed a motion for summary judgment pursuant to Civ.R. 56(B). With leave of court, plaintiff filed a response on December 20, 2010. The parties were subsequently granted leave to file supplemental memoranda. Plaintiff's May 13, 2011 motion to strike defendant's May 6, 2011 notice of supplemental authority is DENIED. 1 { 2} Civ.R. 56(C) states, in part, as follows: { 3} "Summary judgment shall be rendered...
