DeFini v. City of Broadview Heights

Harper, Judge.

I

Appellant, Vincent J. DeFini, the Exécutor of the Estates of Frank and Josephine Bonaiuto, appeals from the judgment of the Cuyahoga County Court of Common Pleas which granted appellee, city of Broadview Heights’ motion for summary judgment. Appellant filed a negligence action against Greg Kobasic (“Kobasic”) on April 6, 1987 and later amended his complaint to include the city as a party. Appellant alleged that the city breached its statutory duty to keep the streets open, in good repair and free from nuisance.

The city filed a motion for summary judgment on June 26, 1989, which…