Toth v. Subway Restaurants L.L.C.

Citations

• 2022 Ohio 3290

Syllabus

CIVIL – summary judgment Civ.R. 56 de novo review negligence theory Appellant alleged she sustained injuries in a Subway restaurant Franchise Agreement Appellant improperly named Appellee as a defendant in this case Appellant voluntarily dismissed, inter alia, the franchisees Appellee provided proper Civ.R. 56(C) and (E) evidence that established that it did not legally own, operate, control, or inspect the Subway restaurant and that it was not the franchisor and not a party to the Franchise Agreement Appellant failed to rebut Appellee's properly supported motion for summary judgment with her own proper Civ.R. 56 evidence Appellant did not raise an apparent agency theory of liability in her complaint or in her memorandum contra to Appellee's motion for summary judgment whether premised upon negligence or apparent authority, Appellant's claims fail as a matter of law the trial court properly granted Appellee's motion for summary judgment judgment affirmed.