2011 Ohio 1910
Ohio Ct. App.2011Background
- Schullers, homeowners insured by Farmers, reported mold after a 2002 dishwasher leak; Farmers paid $78,548.45 with portions for structure, contents, and Additional Living Expenses.
- Schullers hired Steamatic for remediation; the Schullers and their bankruptcy trustee filed suit against Steamatic and Farmers in 2004, later dismissed, then refiled in 2006 and again in 2009 after proceedings in bankruptcy.
- Farmers moved for summary judgment asserting trustee lacked standing and doctrine of judicial estoppel; the trial court granted summary judgment in Farmers’ favor on multiple grounds.
- Trial court struck supplemental affidavits as untimely and denied leave to file; Demczyk appealed the summary judgments and 60(B) relief orders.
- Appellate court held: (a) judicial estoppel/standing arguments cannot independently support summary judgment absent proper motions; damages issue exists; (b) trial court did not abuse its discretion in striking untimely affidavits; (c) Steamatic summary judgment was proper as remediation met applicable standards; (d) final judgment affirmed in part, reversed in part, and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment against Farmers was proper | Demczyk contends standing, estoppel, and damages create issues for trial | Farmers argues no triable damages and proper grounds exist for estoppel/standing | In part; factual issues on damages survive; standing/estoppel grounds rejected as sole basis |
| Whether the trial court properly struck supplemental affidavits | Affidavits were timely and necessary for response | Affidavits were untimely and should be stricken | Trial court did not abuse discretion; strike upheld |
| Whether Steamatic was entitled to summary judgment on negligence claim | Complaint alleged breach of contract; negligence should be considered | Remediation complied with protocols; no breach or negligence shown | Summary judgment affirmed; no triable issue on breach or negligence |
Key Cases Cited
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (Ohio 1987) (de novo review of summary judgment standard)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (summary judgment standard and burden shifting)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (burden on moving party to show absence of genuine issue)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (Dresher standard for summary judgment burden)
- Zoppo v. Homestead Ins. Co., 71 Ohio St.3d 552 (Ohio 1994) (good faith insurance claim handling standard)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Ohio 1977) (summary judgment requires no genuine issues of material fact)