Whitmore v. City of Sandusky, E-08-031 (12-12-2008)

DECISION AND JUDGMENT

{¶ 1} This is an appeal from a judgment of the Erie County Court of Common Pleas which granted summary judgment to appellees. For the reasons set forth below, this court affirmed the judgment of the trial court.

{¶ 2} Appellant, Carl Whitmore, sets forth the following two assignments of error:

{¶ 3} "I. The trial court erred by dismissing plaintiffs complaint on issues not raised by defendants in defendants' dispositive motion. The failure of defendants' [sic] to raise issues in a dispositive motion amounts to waiver or in the alternative the court's cutoff dates toll any…