2016 Ohio 3032
Ohio Ct. App.2016Background
- On June 18, 2011, 16‑month‑old Bryant C. Martin was severely injured after being struck by a pickup driven by Steven Wandling; Bryant’s parents were divorced and he was staying with family at the time.
- Plaintiff (Bryant, through his mother Alana Fraley) sued Wandling and others and sought declaratory relief as to available underinsured motorist (UIM) coverage under several policies, including a business auto policy issued by Nationwide Agribusiness to Timothy Condee.
- The dispositive coverage question was whether Bryant was a “family member” (i.e., a resident of the named insured’s household) under the Nationwide Agribusiness policy at the time of the accident.
- The trial court bifurcated coverage from liability, resolved cross‑motions for summary judgment, struck certain exhibits as inadmissible or untimely, and granted plaintiff’s motion holding Bryant resided with his maternal grandparents (the Condees) and was therefore an insured under the Condee policy.
- Nationwide Agribusiness appealed, raising four assignments of error: (1) improperly striking Nationwide’s evidence, (2) denial of Nationwide’s late counterclaim and related amendment timing, (3) trial court lacked a complete policy in the record, and (4) judgment resting on self‑serving testimony.
Issues
| Issue | Plaintiff's Argument (Fraley/Bryant) | Defendant's Argument (Nationwide Agribusiness) | Held |
|---|---|---|---|
| Whether the trial court could decide coverage without a complete Nationwide Agribusiness policy in the record | The affidavit and policy copy submitted by Condee sufficed; Nationwide failed to timely object | Trial court lacked a complete policy as required by Civ.R. 10(D) and summary judgment practice | Held: No error — Nationwide waived timely objection and the relevant policy language was before the court; summary judgment proper on record presented |
| Whether the court abused discretion refusing Nationwide leave to amend to add a counterclaim after deadlines | Plaintiff: adding Condee as a defendant was timely, no prejudice to Nationwide | Nationwide: counterclaim based on alleged misrepresentations was untimely and prejudicial (discovery closed; motions submitted) | Held: No abuse; court permissibly denied Nationwide’s late counterclaim and allowed plaintiff to add Condee as necessary party |
| Whether the trial court properly struck exhibits (recorded statements, medical and police/employment records) as inadmissible on summary judgment | Plaintiff: many of Nationwide’s attachments were unsworn, unauthenticated, hearsay or untimely; should be excluded | Nationwide: evidence bore on residency and was improperly stricken | Held: No abuse; court correctly excluded unauthenticated or untimely materials under Civ.R. 56(C)/(E) and evidentiary rules |
| Whether plaintiff met burden to show Bryant was a resident (family member) and thus covered under the policy | Fraley: testimony and depositions (Alana, Condees, Tyler, Wandling) show Bryant lived with the Condees with some duration/regularity before the accident | Nationwide: documentary indicia (mailing addresses, other records) weigh against residency; testimony was self‑serving/collusive | Held: No error; under Ohio’s “resident of household” test (time/duration/regularity), evidence supported that Bryant resided with the Condees and thus was an insured under the policy |
Key Cases Cited
- New Destiny Treatment Ctr., Inc. v. Wheeler, 950 N.E.2d 157 (Ohio 2011) (standard for summary judgment under Civ.R. 56)
- Dresher v. Burt, 662 N.E.2d 264 (Ohio 1996) (party moving for summary judgment bears initial burden; nonmoving party must then show specific facts creating a genuine issue)
- Nationwide Mut. Fire Ins. Co. v. Guman Bros. Farm, 652 N.E.2d 684 (Ohio 1995) (insurance contract interpretation is a question of law reviewed de novo)
- King v. Nationwide Ins. Co., 519 N.E.2d 1380 (Ohio 1988) (ambiguous insurance provisions construed against insurer)
- Taylor v. Farmers Ins. of Columbus, 528 N.E.2d 968 (Ohio Ct. App. 1987) (definition of “resident of your household”: lives in home for some duration or regularity; not a temporary visitor)