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Patel v. Sandusky City School District Board of Education

Court of Appeals of Ohio, Sixth District, Erie

November 9, 2017

Mit Patel Appellant
v.
Sandusky City School District Board of Education, et al. Appellees

         Trial Court No. 2016 CV 0055

          Sydney S. McLafferty and Paul Giorgianni, for appellant.

          John V. Rasmussen and Allison E. Hayes, for appellees.

          DECISION AND JUDGMENT

          OSOWIK, J.

         {¶ 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 evidentiary hearing.
3. The trial court [erred when it] overruled Mr. Patel's motion to strike from the record the transcript of Mr. Patel's deposition.

         {¶ 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 filed ...


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