Potter v. City of Troy

Fain, Presiding Judge.

Plaintiff-appellant, Willard Potter, appeals from a summary judgment rendered in favor of defendant-appellee, city of Troy (“Troy”). Potter contends that the trial court abused its discretion when it granted Troy’s motion for summary judgment without giving notice to Potter or holding a hearing on the motion. Potter asserts that the trial court did not view the evidence in a light most favorable to him as required by Civ.R. 56(C).

We conclude that the trial court did not abuse its discretion when it ruled upon Troy’s motion for summary judgment without first granting…