Hicks v. Estate of Mulvaney, 22721 (8-29-2008)

OPINION

{¶ 1} Plaintiff-appellant Patrick L. Hicks appeals a decision of the

Montgomery County Court of Common Pleas, General Division, which sustained the motion for summary judgment of defendant-appellee Estate of Jerald L. Mulvaney (hereinafter "the appellee") on March 24, 2008. Hicks filed a timely notice of appeal on April 22, 2008.

I

{¶ 2} The incident which forms the basis for this appeal occurred on February 21, 2003, when an automobile driven by Jerald Mulvaney struck an automobile driven by Hicks. Hicks filed his original complaint in Case No. 2004-CV-3433, alleging injuries and damages…