Dearth v. Stanley, 22180 (2-8-2008)

OPINION

{¶ 1} Plaintiff-appellant Brittany N. Dearth appeals a decision of the Montgomery County Court of Common Pleas, which granted summary judgment for defendant-appellee Todd T. Stanley on April 18, 2007. Stanley's motion was originally filed as a Civ. R. 12(C) motion for judgment on the pleadings, but was converted by the trial court into a Civ. R. 56 motion for summary judgment for the purpose of disposition. Dearth filed a timely notice of appeal with this Court on May 16, 2007.

I

{¶ 2} The incident which forms the basis of this appeal occurred in the early morning hours of April 14,…