EUGENE TEMKIN, PLAINTIFF-APPELLANT vs. MARK LOTTER, DEFENDANT-APPELLEE, 2006-Ohio-6164

Summary

The motorist's action was referred to court-ordered, non-binding arbitration. Pending arbitration, the driver filed motions for SJ and for leave to file the SJ motion. After the arbitration award in favor of the motorist was filed, the trial court granted the driver's request to file the SJ motion and it refused the motorist's request to strike the SJ motion. The trial court granted SJ to the driver and the motorist appealed. The court initially noted that there was no abuse of discretion in the trial court's refusal to strike the driver's SJ motion, as there was no violation of Cuyahoga County, Ohio, Ct. C.P. R. 29, Pt. I(D) because the motion was not granted until after the arbitration proceeding and the report and award therefrom had been filed. There were no genuine issues of material fact regarding that the collision occurred in New York, that New York law controlled, and that the motorist did not suffer a "serious injury" within Insurance Law §§ 5102(d) and 5104(a). However, as ...