Allstate Insurance v. Dye

This appeal comes to this court on questions of law from a judgment entered by the Common Pleas Court of Cuyahoga County for the plaintiff on a motion seeking summary judgment under the provisions of Section 2311.041, Revised Code. This section provides the procedure by which a motion for summary judgment is to be presented for determination by the court.

The questions, of error in this case must be determined from the uncontroverted allegations of the pleadings and the answers to the interrogatories since a bill of exceptions was not filed. The plaintiff’s petition sets out that the defendant…