194 Ohio App. 3d 788
Ohio Ct. App.2011Background
- Fire in 2008 at premises leased by Getters from OPRS caused MPSS property damages; Cincinnati insured MPSS and reimbursed after deductible.
- Cincinnati reimbursed MPSS for damages to leased premises, minus $10,000 deductible.
- Cincinnati filed subrogation and negligence action against Joyce Getter’s estate and Auto Owners, alleging Joyce’s negligence caused the fire.
- Trial court granted summary judgment for Getter and Auto Owners, relying on lease terms and precedents (Phil-Mar, etc.) assessing liability relief.
- Cincinnati appeals arguing the lease lacks clear, unequivocal exculpatory language and Phil-Mar should not control this lease; majority concludes the lease as a whole shows intent to relieve Joyce Getter from liability; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lease relieves Joyce Getter of liability for negligence | Phil-Mar not clearly met; no unqualified exculpatory clause in lease | Lease read as a whole shows intent to relieve Getter from liability | Yes; lease relieves Getter; summary judgment proper |
Key Cases Cited
- Phil-Mar Corp. v. United States Fire Ins. Co., 166 Ohio St. 85 (1956) (established case-by-case/totality approach to indemnity relief)
- Buckeye Union Ins. Co. v. Consolidated Stores Corp., 68 Ohio App.3d 19 (1990) (extension of Phil-Mar reasoning to non-fire losses in leases)
- Kay v. Pennsylvania R.R. Co., 156 Ohio St. 503 (1952) (strict construction of indemnity to relieve negligence must be clear and unequivocal)
- Consolidated, 68 Ohio App.3d 23 (1990) (case applying Phil-Mar framework to lease provisions)
- Control Serv. Technology, Inc., 111 Ohio App.3d 801 (1996) (rejected ambiguous waiver; emphasized context/absence of surrender clause)
- Saunders v. Mortensen, 101 Ohio St.3d 86 (2004) (read contract as a whole; intent inferred from whole agreement)