Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Roscoe v. DelFraino

Court of Appeals of Ohio, Seventh District, Mahoning

December 10, 2019

DAWN ROSCOE ET AL., Plaintiffs-Appellants,
v.
MARK DELFRAINO ET AL., Defendants-Appellees.

          Civil Appeal from the Court of Common Pleas of Mahoning County, Ohio Case No. 2016 CV 689

         JUDGMENT: Reversed and Remanded.

          James Lanzo, for Plaintiffs-Appellants,

          Kimberly Wyss, Atty. Brian Coulter, Day Ketterer Ltd., for Defendants-Appellees.

          BEFORE: Gene Donofrio, Cheryl L. Waite, David A. D'Apolito, Judges.

          OPINION AND JUDGMENT ENTRY

          DONOFRIO, J.

         {¶1} Plaintiff-appellant, Dawn Roscoe, appeals the judgment of the Mahoning County Common Pleas Court granting summary judgment in favor of defendant-appellee, Mark DelFraino.

         {¶2} This action stems from a car accident that happened on August 15, 2012 in Poland, Ohio. Appellant was injured in this car accident. On August 6, 2014, appellant filed a complaint asserting a negligence claim against appellee and appellee's father, Joseph DelFraino, and a negligent entrustment claim against Joseph. On July 9, 2015, appellant voluntarily dismissed her complaint.

         {¶3} On March 3, 2016, appellant refiled a complaint against appellee and Joseph asserting the same claims as in the previous action. Appellant's complaint listed the service address for appellee as 510 Boardman-Canfield Road in Boardman, Ohio and the service address for Joseph at 4592 Kennedy Road in Lowellville, Ohio. Service was perfected on Joseph on March 12, 2016. But service was not perfected on appellee. On April 8, 2016, Joseph filed an answer.

         {¶4} On May 4, 2016, appellant filed a request to have appellee personally served at 510 Boardman-Canfield Road. But service was not perfected on appellee by this method.

         {¶5} On August 8, 2016, Joseph filed a motion for summary judgment.

         {¶6} At some point in August of 2016, appellant attempted to serve appellee at Joseph's Kennedy Road address. The docket does not reflect a request to serve process on appellee at the Kennedy Road address. But the docket contains an entry dated August 24, 2016 which states "SUMMONS RETURNED AND FILE SERVED MARK DELFRAINO 8-15-16."

         {¶7} On September 19, 2016, Joseph filed a notice of failure and refusal to accept service on appellee's behalf. Joseph stated that a process server attempted to hand him a summons and complaint addressed to appellee on August 15, 2016. Joseph also stated that appellee did not live with him nor did appellee use Kennedy Road as his address.

         {¶8} On October 19, 2016, appellant filed a request to serve appellee by U.S. certified mail at 2609 Roanoke Avenue in Newport News, Virginia. On November 17, 2016, appellant filed another request to serve appellee at the same Virginia address by personal service. Neither method of service was successful.

         {¶9} On November 21, 2016, the trial court granted Joseph's motion for summary judgment.

         {¶10} On either March 1, 2017 or March 20, 2017, appellant filed a motion to serve appellee by publication and an affidavit for constructive service against appellee. The trial court granted this motion on March 21, 2017 and ordered the service by publication to appear in The Daily Legal News.

         {¶11} On June 19, 2017, appellee appeared in the action by filing a motion for summary judgment. Appellee argued that, pursuant to R.C. 2305.17 and Civ.R. 3(A), appellant was required to perfect service before March 3, 2017. Because appellant had not perfected service before March 3, 2017, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.