Tomba v. City of Wickliffe

Eugene A. Lucci, Judge.

This matter came on for consideration upon the city of Wickliffe’s motion for summary judgment, filed March 22, 2001, together with the brief in support, plaintiffs’ memorandum in opposition, and defendant’s reply brief. For the following reasons, defendant’s motion for summary judgment is denied.

Procedural History

The complaint in this matter was filed on June 2, 2000, and was assigned to Judge James W. Jackson. Service on the defendant, the city of Wickliffe, was perfected by certified mail on June 6, 2000. On January 9, 2001, this matter was transferred to the docket…