Walters v. First National Bank

The trial court’s award to appellees of a judgment on the pleadings can only be upheld if, viewing all material allegations in the pleadings and all reasonable inferences therefrom in the light most favorable to appellant, appellees are entitled to judgment as a matter of law. Peterson v. Teodosio (1973), 34 Ohio St. 2d 161. The rendering of a judgment on the pleadings in defendant’s favor is only appropriate where the plaintiff has failed in his complaint to allege a set of facts which, if true, would establish defendant’s liability. The Court of Appeals, in the case at bar, held that, as a…