Gibson v. Summers, 2008-P-0032 (12-31-2008)

OPINION

{¶ 1} Chelsey L. Gibson appeals from a judgment of Portage County Court of Common Pleas granting summary judgment to Kevin E. Summers in a negligence action seeking damages relating to a motor vehicle accident. For the following reasons, we affirm in part; reverse in part and remand.

{¶ 2} Substantive and Procedural History

{¶ 3} The facts surrounding the instant appeal are undisputed. Ms. Gibson and Mr. Summers were involved in a motor vehicle accident on January 12, 2004. On January 10, 2006, two days before the statute of limitations ran, Ms. Gibson filed a complaint asserting…