COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 60443 : JESSE R. JACKSON : : : JOURNAL ENTRY Plaintiff-Appellant : : and -vs- : : OPINION REGIONAL TRANSIT AUTHORITY, ET AL. : : : Defendant-Appellee : : : DATE OF ANNOUNCEMENT OF DECISION: APRIL 16, 1992 CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. 104358 JUDGMENT: Affirmed. DATE OF JOURNALIZATION: __________________________ APPEARANCES: For Plaintiff-Appellant: For Defendant-Appellee: JESSE R. JACKSON JUAN E. ADORNO, ESQ. P.O. Box 93087 615 Superior Avenue, S.W. Cleveland, Ohio 44101 Cleveland, Ohio 44113 BERNARD REDFIELD, ESQ. LAVERNE A. NICHOLS, ESQ. 950 Standard Building 24200 Chagrin Blvd. Cleveland, Ohio 44113 Suite 203 Beachwood, Ohio 44122 - 2 - HARPER, J.: I. Appellant, Jessie R. Jackson, appeals from the judgment of the Cuyahoga County Court of Common Pleas which granted summary judgment for appellee, Regional Transit Authority (R.T.A.). For the reasons that follow, we affirm. II. On July 25, 1983, Jessie R. Jackson filed a complaint against R.T.A. alleging that he sustained injuries on October 27, 1977 as a result of a negligent operation of an R.T.A. bus while he was a passenger. He alleged that he was thrown from a standing position into his seat by force. He further alleged that on July 26, 1981, while a passenger on an R.T.A. bus, he sustained additional injuries. He claimed that on October 8, 1982, he aggravated prior injuries by a jarring motion of an R.T.A. bus while he was a passenger. Mr. Jackson's attorney requested medical records of the claimed injuries from various hospitals. There is no record of Mr. Jackson's medical treatment in any of the hospitals or treatment centers he claimed to have visited. The trial court ordered the parties to attempt a settlement. Mr. Jackson's attorney who withdrew from the case because of Mr. Jackson's failure to co-operate in numerous settlement attempts was ordered by the trial judge to represent him in the settlement negotiations with R.T.A. Mr. Jackson's attorney and R.T.A. signed a settlement agreement which was rejected by Mr. Jackson. - 3 - R.T.A. duly filed a motion for summary judgment alleging that the doctrine of res judicata precluded Mr. Jackson from litigating his complaint after refusing to accept a settlement offer. R.T.A. further argued that Mr. Jackson failed to bring his action within two years from his injuries pursuant to R.C. 2305.10. On August 10, 1990 the trial court granted R.T.A.'s motion for summary judgment. III. Upon a careful review of the record and briefs, we find that the doctrine of res judicata is inapplicable. Appellant appealed from the August 10, 1990 summary judgment granted in favor of appellee. The record does not reveal any previous litigation of the same issues or facts of appellant's claim and his refusal to authorize a settlement agreement does not constitute a trial on the merits. We further find that pursuant to R.C. 2305.10, appellant's failure to bring his action within the two year statute of limitations dooms his case. The summary judgment motion granted by the trial court is affirmed. - 4 - It is ordered that appellees recover of appellant their costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions. J.F. CORRIGAN, P.J., and MARTIN*, J., CONCUR. SARA J. HARPER JUDGE *Judge William J. Martin, Carroll County Common Pleas Court, sitting by assignment. N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time it will become the judgment and order of the court and time period for review will begin to run. .