McDonald v. Corning
2014 Ohio 1614
Ohio Ct. App.2014Background
- Barbara McDonald appeals a Perry County court summary judgment dismissing her vandalism, desecration, negligence, intentional and negligent infliction of emotional distress, outrage, and conversion claims against the Village of Corning.
- Facts show Michael McDonald burial at Millertown/Oakwood Cemetery in 1957; appellant paid funeral costs via funeral home; lot records and cemetery maps later created confusion about burial location; 2009–2010 searches and GPR scans located an anomaly, later found to be a rock formation.
- Appellant sought GPR and excavation to locate Michael; village refused initial funding for GPR citing lack of funds/claims; appellant ultimately paid for GPR and excavation.
- Trial court granted summary judgment, holding no evidence that Corning was paid for a lot or that Michael was buried in the cemetery.
- McDonald raises two assignments of error: (I) no evidence of burial/payment; (II) no duty owed by village to maintain records/preserve remains.
- Court reverses and remands for further proceedings by finding material issues of fact exist
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty and evidence of burial | McDonald paid funeral home; burial in Millertown shown by records | Village had no direct payment or burial proof; no duty | Summary judgment reversed on duty and burial evidence |
| Village records/maintenance duty | Village owed duty to maintain burial records and preserve remains | No evidence of village duty given indirect dealings via funeral home | Summary judgment reversed on duty to maintain records and preserve remains |
Key Cases Cited
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (1987) (standard for summary judgment review)
- Vahila v. Hall, 77 Ohio St.3d 421 (1997) (Dresher analysis for summary judgment burden-shifting)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (burden shifting in summary judgment)
- Schmucker v. Kurzenberger, 2011-Ohio-3741 (9th Dist. Wayne App.) (appellate review limits addressing new grounds on appeal)
- Orvets v. Natl. City Bank, Northeast, 131 Ohio App.3d 180 (1999) (legacy rules on summary judgment and evidence)
- Ware v. King, 187 Ohio App.3d 291 (2010) (sovereign immunity and appellate review)