Ohio Supreme Court April 1, 1992, No. 90-1807 (Osborne v. Lyles)

lead-opinion

Alice Robie Resnick, J.

This case comes before the court from the grant of a motion for summary judgment. “Civ.R. 56(C) specifically provides that before summary judgment may be granted, it must be determined that: (1) No genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence