PNC Bank, N.A. v. May, 2012 Ohio 4291

PNC Bank, N.A. sues All-Trade Construction, Inc., May, and Pocos for a $19,625.14 line of credit balance.
Pocos signed the SBA credit application as VP of All Trade; he checked the option to apply for joint business credit with another person.
PNC sought summary judgment; the trial court granted it without opinion.
PNC argued Pocos was personally liable despite box check variations; Pocos argued no personal guaranty and ambiguity.
The court held the application was ambiguous regarding Pocos’s guarantor status and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment was proper given ambiguity in guarantor status	PNC argues Pocos personally guaranteed the line by signing, regardless of box	Pocos argues unchecked guarantor box created ambiguity; no personal obligation	Summary judgment improper; ambiguity precluded entitlement to judgment as a matter of law

National City Bank v. Herak, 2011-Ohio-2286 (8th Dist. No. 95540, 2011-Ohio-2286) (ambiguous form with unchecked guarantor box affects interpretation)
Dresher v. Burt, 75 Ohio St.3d 280 (1996) (moving party bears initial burden in Civ.R. 56)
Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (de novo review of summary judgment standard)
Zemcik v. LaPine Truck Sales & Equip., 124 Ohio App.3d 581 (8th Dist. 1997) (summary judgment standards applied to contract disputes)
Crane Hollow, Inc. v. Marathon Ashland Pipe Line, LLC, 138 Ohio App.3d 57 (4th Dist. 2000) (ambiguity/contract interpretation may involve parol evidence)
Davis v. Loopco Indus., Inc., 66 Ohio St.3d 64 (1993) (contract interpretation where unambiguous terms govern)
Franck v. Ry. Express Agency, Inc., 159 Ohio St. 343 (1953) (ambiguities resolved against drafter)
Todd Dev. Co. v. Morgan, 116 Ohio St.3d 461 (2008) (Civ.R. 56 exception allowing non-mover to obtain summary judgment)
Marshall v. Aaron, 15 Ohio St.3d 48 (1984) (Civ.R. 56 procedure and standards)