Goldman v. Nationwide Life Ins. Co.
2012 Ohio 3574
Ohio Ct. App.2012Background
- Rosner purchased an annuity from Nationwide for $73,000 via USBI and agent Hummel; the annuity paid Rosner monthly for life with remaining balance to Nationwide upon his death.
- Rosner died April 15, 2008; approximately $65,000 of the annuity balance was paid to Nationwide.
- Estate filed suit in June 2009 against Nationwide, USBI, and Hummel alleging the sale was unsuitable given Rosner’s age, medical conditions, and directives.
- USBI and Hummel moved to stay proceedings pending FINRA arbitration; trial court granted stay; Estate did not appeal.
- In March 2010, Estate and Nationwide moved to stay pending arbitration; arbitration dismissed USBI and Hummel with prejudice; Estate did not oppose confirmation.
- Nationwide moved for summary judgment focused on lack of agency liability and res judicata; the trial court granted summary judgment in Nationwide’s favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper against the Estate. | Estate argues genuine issues exist about Nationwide’s duty to train/supervise. | Nationwide argues no agency liability and res judicata via arbitration; Hummel found not liable. | Yes; summary judgment affirmed because no triable issue against Nationwide. |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (burden-shifting summary judgment standard; movant must show no material fact)
- Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367 (1998) (de novo review of summary judgment; proper standard applied)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (1977) (summary judgment standard; construing evidence most strongly for nonmovant)
- Comer v. Risko, 106 Ohio St.3d 185 (2005) (agency law principle: primary liability on agent, principal secondary; liability through agency)