Labarbera v. Batsch

This is an appeal on questions of law from a final order rendered January 5, 1964, in the Court of Common Pleas of Cuyahoga County.

The assignment of error is that the Court of Common Pleas erred in granting defendant’s motion for summary judgment and entering judgment in favor of defendant.

The pertinent facts are as follows:

Plaintiff, appellant herein, was injured in an automobile accident on August 7, 1959, allegedly as a result of defendant’s negligence. His petition and praecipe for issuance of summons were filed in the Court of Common Pleas on August 7, 1961, the last day of the period of…