Toner v. Monro Muffler Brake, Inc., 22227 (7-11-2008)

OPINION

{¶ 1} Plaintiff-appellant Terry Toner appeals a decision of the Montgomery County Court of Common Pleas, General Division, which sustained the motion for summary judgment of defendant-appellee Monro Muffler Brake, Inc. filed on December 15, 2006. The trial court filed its decision and entry sustaining Monro's motion for summary judgment on May 25, 2007. Toner filed a notice of appeal with this Court on June 21, 2007.

I

{¶ 2} The incident which forms the basis of this appeal occurred on April 28, 2004, when the Monro store on Salem Avenue in Dayton, Ohio, was robbed by two unknown…