Court No. 2016 CV 0055
S. McLafferty and Paul Giorgianni, for appellant.
V. Rasmussen and Allison E. Hayes, for appellees.
DECISION AND JUDGMENT
1} This is an appeal from a March 15, 2017 judgment
of the Erie County Court of Common Pleas, denying
appellant's February 21, 2017 Civ.R. 60(B) motion for
relief from two January 25, 2017 single-sentence summary
judgment rulings in which appellant was not served with, and
had no notice of, the Civ.R. 56 summary judgment filings
pending against him.
2} The parallel, perfunctory rulings recited no
facts and reflected no analysis which would be indicative of
an unresponded to motion for summary judgment.
3} For the reasons set forth below, this court
reverses the March 15 judgment of the trial court, vacates
the January 25, 2017 summary judgment rulings, and remands
this matter back to the trial court for further proceedings
consistent with this opinion.
4} Appellant, Mit Patel, sets forth the following
three assignments of error:
1. The trial court [erred when it] overruled Mr. Patel's
motion for relief from judgment.
2. The trial court [erred when it] overruled Mr. Patel's
motion for relief from judgment without conducting an
3. The trial court [erred when it] overruled Mr. Patel's
motion to strike from the record the transcript of Mr.
5} The following undisputed facts are relevant to
this appeal. On November 11, 2013, appellant was a senior at
Sandusky high school and enrolled in an industrial shop
class. During shop class, appellant experienced a serious
machinery incident and sustained a severe injury. Appellant
suffered the near amputation of his left hand.
6} On January 21, 2016, appellant filed a complaint
in the trial court against the shop class teacher, Sandusky
High School, the local school board, and the individual
school board members. A trial date of June 26, 2017, was set.
7} On December 6, 2016, two sets of the named
defendants separately filed motions for summary judgment. The
record reflects that the motions for summary judgment were