Winters v. Hubbard

This case is almost seventeen years old. The longevity of this case is matched only by the paucity of the record and briefs. The action taken by the trial court in disposing of this case was in error. For the reasons that follow, we reverse.

On October 26, 1978, plaintiff-appellant, Elmer Winters, allegedly was involved in a motor vehicle accident with a truck driven by defendant-appellee James Hubbard and owned by defendant-appellee Welded Tubes Inc. Plaintiff filed a lawsuit as a result of this incident, captioned Al Winters v. James C. Hubbard, Cuyahoga Cty. C.P. No. 997,314. The record is…