Rothtrock v. Ohio Farmers Insurance

FINLEY, J. pro tem. *

Plaintiff appeals from a judgment of dismissal entered upon the granting of a motion by defendant for summary judgment.

On August 29, 1957, an automobile collision occurred between a car driven by Albert B. Rothtrock, plaintiff’s husband, in which plaintiff was a passenger, and one driven by a Ross D. Miller. On January 29, 1958, Miller filed an action in the municipal court against the Rothtroeks seeking $800 property damage. In this action a summons was issued on January 29, 1958, and the complaint and summons served on the Rothtroeks on March 22, 1958. On April 6, 1958,…