Kiger v. Charity Newsies, Inc.

This is an appeal from a judgment of the Common Pleas Court of Franklin County, Ohio. Plaintiff-appellant duly filed his petition for damages based on negligence. An answer was filed, pre-trial conference held, and the case called for trial. At that point it became apparent for the first time, at least to the court, that the petition failed to state a cause of action in that it failed to allege any act of negligence. Appellant moved for leave to amend by alleging acts of negligence. The motion was denied. The court then granted a motion of defendants-appellees for judgment on the pleadings.…