Torres v. Sears, Roebuck & Co

This is an appeal from a judgment of the Court of Common Pleas of Cuyahoga County which entered a nunc pro tunc order dismissing plaintiffs-appellants’ complaint.

The issue in this appeal is whether the trial court could properly enter a nunc pro tunc order reflecting actions which it intended to make but which it had not actually made. We conclude that the trial court erred in entering such an order. Therefore we reverse.

On February 14, 1977, three-year-old Ramon A. Torres, Jr., fell and cut his finger while riding an escalator in a Sears, Roebuck & Company department store. On December 29,…