Cline v. SteinCline v. Stein
CARR, Judge.
{¶1} Appellant Douglas Cline, individually and as parent and next friend of Joshua Cline, a minor, appeals the judgment of the Wayne County Court of Common Pleas. This Court affirms in part, reverses in part, and remands.
I.
{¶2} Seven-year old Joshua Cline and his three-year old brother Corey were riding in their cousin‘s SUV after church on February 22, 2009, when their cousin, appellee Dustin Geitgey, hit a patch of black ice and lost control of the vehicle. The SUV veered off the road, and flipped onto the passengers’ side in a ditch. Mr. Geitgey extracted both children from the vehicle and returned to help his girlfriend Katie exit the vehicle. As the four were standing near the roadway, appellee Todd Stein was driving along the road at approximately 25 m.p.h. when his car hit the same patch of black ice. Mr. Stein lost control of his vehicle which began skidding towards the SUV and area where the children were standing. Katie was able to pull
{¶3} In November 2009, Lauren Cline, the mother of the children, was appointed as the administrator of Corey‘s estate in the Wayne County Probate Court. In December 2009, the Clines (Lauren, individually and as administrator of Corey‘s estate, and Douglas, individually and as parent and next friend of Joshua) filed a complaint in the Stark County Court of Common Pleas, case number 2009 CV 04873, against Mr. Stein for negligence resulting in Corey‘s fatal injuries and Joshua‘s bodily injuries and mental anguish. The Clines also sued their automobile insurance company, alleging claims for uninsured/underinsured motorist benefits, breach of contract, and bad faith. Mr. Stein filed a third-party complaint against Stacey Geitgey, the owner of the SUV, for negligent entrustment, and against the driver Dustin Geitgey for contribution or indemnification.
{¶4} In an undated release, Mrs. Cline, individually and as administrator of Corey‘s estate, released Mr. Stein and Grange Mutual Casualty Company (the company who insured Mr. Stein) from all actions and claims arising out of and in any way related to the February 22, 2009 accident, in consideration of the payment of $100,000. In addition, the release expressly referenced Mrs. Cline‘s consent to the dismissal of all claims against Mr. Stein in case number 2009 CV 04873. The release bears no discernable time-stamp, and references only a claim number (APV000905277), but no court case number.
{¶5} On October 26, 2010, the Wayne County Probate Court judge, in case number E-70487-09, approved a settlement and distribution of the wrongful death claim regarding Corey. Of the $500,000 proffered settlement, the probate court approved a $100,000 payment for attorney fees, a $200,000 distribution to Mrs. Cline, and a $200,000 distribution to Mr. Cline,
{¶6} In February 2012, Douglas Cline, individually and as parent and next friend of Joshua, filed a civil complaint against Mr. Stein in the Wayne County Court of Common Pleas. Although the complaint identified a sole count of negligence, it alleged that Mr. Stein‘s negligent operation of his vehicle caused Joshua to suffer physical, as well as mental injuries, arising from his own injuries and witnessing his brother Corey‘s death. All parties and the trial court proceeded with the case with the understanding that Joshua had alleged multiple causes of action, rather than a single cause of action. Mr. Stein filed a third party complaint against Dustin Geitgey for indemnification/contribution. Grange Mutual Casualty Company, who was granted leave to intervene, filed a complaint seeking declaratory judgment with respect to which claims and issues it was obligated to defend Mr. Stein.
{¶7} Mr. Stein and Mr. Geitgey filed motions for summary judgment. Both parties conceded that Joshua could maintain an action for his own personal injuries sustained as a result of the accident. They both argued, however, that Joshua‘s claim for damages for emotional distress relating to Corey‘s death was barred by res judicata as that claim was either disposed or should have been disposed as part of the wrongful death action for which the Wayne County Probate Court approved a settlement and distribution. Both defendants also moved for summary judgment on the issue of punitive damages. In addition, Mr. Geitgey moved for summary judgment on Mr. Stein‘s claim that his (Geitgey‘s) negligence was the proximate cause of
{¶8} Plaintiff‘s counsel, purportedly on behalf of all the parties, moved for a pretrial hearing at which the trial court would clarify “what specific claims can be advanced at the Trial” as the parties, upon reviewing the court‘s ruling on the motions for summary judgment had “cordially agreed to disagree” in that regard. The court held a pretrial, although there is no transcript of that proceeding in the record. After the pretrial, the trial court issued a briefing schedule which identified the due dates of the parties’ briefs, but not the issue(s) to be briefed. All parties submitted briefs addressing the viability of Joshua‘s claims for mental distress. The parties appeared to agree that Joshua could maintain a claim for mental distress arising from his own physical injuries. They disputed whether he could maintain a claim for any injuries arising out of his observation of Corey‘s death or otherwise relating to Corey‘s death.
{¶9} In consideration of the additional briefs, the trial court issued a judgment entry affirming its prior ruling on the motions for summary judgment. After mentioning a cause of action for negligent infliction of emotional distress, the trial court ordered that “Joshua Cline is permitted to assert any claims for mental anguish arising from his own separate physical injuries but is precluded from introducing evidence or claiming mental anguish associated from the death
ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED WHEN IT GRANTED SUMMARY JUDGMENT PRECLUDING JOSHUA CLINE FROM INTRODUCING EVIDENCE OR CLAIMING MENTAL ANGUISH ASSOCIATED WITH THE DEATH OF COREY CLINE.
{¶10} Joshua argues that the trial court erred by granting summary judgment in favor of Messrs. Stein and Geitgey on his claims for emotional distress/mental anguish. This Court agrees only in part.
{¶11} As a preliminary matter, this Court is obligated to raise sua sponte questions related to our jurisdiction. Whitaker-Merrell Co. v. Geupel Constr. Co., Inc., 29 Ohio St.2d 184, 186 (1972). This Court has jurisdiction to hear appeals only from final judgments.
{¶12}
{¶13} Here, Joshua named one count in his complaint, to wit: negligence. However, he pleaded facts giving rise to multiple claims. Specifically, he alleged (1) personal (physical and emotional) injuries as a result of Mr. Stein‘s negligent operation of his vehicle, i.e., negligence; (2) emotional distress as a result of having witnessed his brother‘s death, i.e., negligent infliction of emotional distress; (3) emotional distress as a result of fearing for his own safety as Mr. Stein‘s vehicle slid toward him, i.e., negligent infliction of emotional distress; and (4) emotional distress arising out of the wrongful death of his brother, i.e., wrongful death. While the parties’ briefs might have been inartfully drafted with regard to the clear identification of claims, no one disputed that Joshua had pleaded multiple causes of action in this case. Moreover, the trial court managed this matter as though Joshua was maintaining multiple causes of action, referring to negligence, negligent infliction of emotional distress, and wrongful death. Accordingly, the parties and trial court have all acquiesced in the understanding that Joshua has pleaded multiple causes of action, and this Court will recognize the same. See Michaels v. Michaels, 9th Dist. Lorain No. 09CA009717, 2010-Ohio-6052, ¶ 21 (recognizing that
{¶14} At first blush, the trial court‘s judgment entry reads as if it is a ruling on a motion in limine regarding the admissibility of certain evidence. Specifically, the order precludes Joshua from introducing any evidence relevant to his mental anguish associated with his brother‘s death. It is well settled that a ruling on a motion in limine, i.e., a preliminary
{¶15} This Court reviews an award of summary judgment de novo. Grafton v. Ohio Edison Co., 77 Ohio St.3d 102, 105 (1996). This Court applies the same standard as the trial court, viewing the facts in the case in the light most favorable to the non-moving party and resolving any doubt in favor of the non-moving party. Viock v. Stowe-Woodward Co., 13 Ohio App.3d 7, 12 (6th Dist.1983).
{¶16} Pursuant to
(1) No genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the party against whom the motion for summary judgment is made, that conclusion is adverse to that party.
{¶17} To prevail on a motion for summary judgment, the party moving for summary judgment must be able to point to evidentiary materials that show that there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Dresher v. Burt, 75 Ohio St.3d 280, 293 (1996). Once a moving party satisfies its burden of supporting its motion for summary judgment with sufficient and acceptable evidence pursuant to
{¶18} The non-moving party‘s reciprocal burden does not arise until after the moving party has met its initial evidentiary burden. To do so, the moving party must set forth evidence of the limited types enumerated in
{¶19} Joshua argues that the trial court erred by granting summary judgment in favor of Messrs. Stein and Geitgey which foreclosed his ability to prosecute his claims alleging wrongful death and negligent infliction of emotional distress, thereby disposing of those claims. The trial court disposed of those claims by concluding that the only claims for emotional distress/mental anguish remaining were those arising out of Joshua‘s personal injuries sustained as a result of the accident. Those personal injuries would necessarily include his own physical injuries, as well as
Negligent infliction of emotional distress
{¶20} To prevail on a claim for negligent infliction of emotional distress arising out of witnessing trauma to another, a plaintiff must prove: “(1) the plaintiff was a bystander, (2) the plaintiff reasonably appreciated the peril that took place, whether or not the victim suffered actual physical harm, and (3) the plaintiff suffered serious emotional distress as a result of this cognizance.” Walker v. Firelands Community Hosp., 170 Ohio App.3d 785, 2007-Ohio-871, ¶ 59 (6th Dist.), citing Paugh v. Hanks, 6 Ohio St.3d 72, 80 (1983). The Ohio Supreme Court further held that a bystander‘s emotional injuries must be both serious and “reasonably foreseeable” to be compensable. Paugh at paragraph three of the syllabus. In determining whether the injuries are “reasonably foreseeable,” the following factors are considered: “(1) whether the plaintiff was located near the scene of the accident, as contrasted with one who was a distance away; (2) whether the shock resulted from a direct emotional impact upon the plaintiff from sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence; and (3) whether the plaintiff and victim (if any) were closely related, as contrasted with an absence of any relationship or the presence of only a distant relationship.” Id. at paragraph three b. of the syllabus.
{¶21} The Ohio Supreme Court further made clear in Paugh that a plaintiff need not have suffered any physical injuries to maintain a claim for negligent infliction of emotional distress. Id. at paragraph two of the syllabus. In the absence of the manifestation of physical
{¶22} In this case, the trial court wrote in part as follows: “While Binns v. Fredendall recognizes a cause of action for negligent infliction of emotional distress, it does not address the effect of the wrongful death statute on a plaintiff‘s claim. Therefore, Joshua Cline is permitted to assert any claims for mental anguish arising from his own separate physical injuries but is precluded from introducing evidence or claiming mental anguish associated with the death of Corey Cline as those claims have been settled.” The trial court cited to Binns for what appears to be two propositions.
{¶23} First, after noting that Binns does not address the effect of the wrongful death statute on a claim alleging negligent infliction of emotional distress, the trial court implicitly concluded that a wrongful death claim subsumes the other negligence claim. This Court concludes that the trial court interpreted Binns too narrowly.
{¶24} In that case, a car accident resulted in the gruesome death of one passenger that was witnessed by the other passenger. The passengers were cohabiting paramours. The Binns court rejected the tortfeasor‘s argument that the surviving girlfriend could not prevail on her
{¶25} Although the plaintiff involved in Binns was a non-relative, the high court did not limit its holding in that respect. In fact, the Binns court wrote:
The fact that mental anguish over the death of a relative is compensable in a wrongful death action does not preclude plaintiff‘s recovery of damages for such injury where plaintiff also suffers physical injuries in the same accident that caused the death of another. Plaintiff‘s recovery for mental anguish caused by the death of another, however, must be predicated upon her direct involvement in the accident, not upon the mere fact of the death, which is an aspect of a wrongful death action.
Id. at 246. In this way, the high court appears to have recognized a distinction between the grief arising merely as a result of losing a family member and the mental anguish arising out of a shared traumatic event which may likely be compounded by the emotional effects of issues such as survivor guilt and the stark confrontation with one‘s own mortality.
{¶26} Moreover, when delineating the factors to consider in determining whether emotional injuries were reasonably foreseeable, the high court expressly recognized, and accorded greater weight to the fact, that the bystander/plaintiff may be “closely related” to the victim. Paugh at paragraph three b. of the syllabus. Reading Binns, which did not relegate bystander claims for negligent infliction of emotional distress to only non-beneficiaries, in conjunction with Paugh, it is reasonable to conclude that bystander mental anguish claims are
{¶27} In the instant case, Joshua presented evidence that he was involved in the same accident as that which tragically took his brother‘s life. In fact, the trial court and parties all recognize this, as all acknowledge that Joshua may maintain his action to recover for his personal physical and concomitant emotional injuries resulting from Mr. Stein‘s alleged negligence. In addition, Joshua presented evidence that he may have sustained physical injuries as a result of the accident. Given our conclusion that a claim for negligent infliction of emotional distress is not subsumed within, and therefore not precluded by, a wrongful death claim, the trial court erred by granting summary judgment in favor of the defendants on this basis.
{¶28} Second, the trial court relied on Binns to limit any claim by Joshua for emotional distress to those mental injuries that occurred solely in tandem with physical injuries. This ignores that the law in Ohio recognizes a cause of action for negligent infliction of emotional distress based on witnessing harm to another even in the absence of the plaintiff having personally sustained any physical injuries. Paugh at paragraph two of the syllabus. By limiting Joshua‘s emotional distress claim to include only such injuries that may have arisen “from his own separate physical injuries,” the trial court discounted the viability under Ohio law that a bystander need not sustain contemporaneous physical injuries to maintain a claim for negligent infliction of emotional distress. Accordingly, even in the absence of any evidence by Joshua that he sustained physical injuries as a result of the accident, an award of summary judgment in favor of the defendants was error.
{¶29} Based on the above reasoning, this Court concludes that Joshua met his reciprocal burden of presenting evidence on the necessary elements of negligent infliction of emotional
Wrongful death
{¶30} To prevail on a claim for wrongful death, a plaintiff must prove:
(1) a wrongful act, neglect, or default of the defendant that proximately caused the death and that would have entitled the decedent to maintain an action and recover damages if death had not ensured; (2) the decedent was survived by a spouse, children, parents, or other next of kin; and (3) the survivors suffered damages by reasons of the wrongful death.
McDowell v. DeCarlo, 9th Dist. Summit No. 23376, 2007-Ohio-1262, ¶ 34; see also
{¶32} Here, there is no dispute that Joshua was in the category of next of kin of his brother Corey. Accordingly, as a matter of law, any claim for mental anguish arising within the context of wrongful death was necessarily resolved, could have been resolved, or should have been resolved when Corey‘s personal representative settled the wrongful death action in the probate court. The personal representative was charged with acting on behalf of all statutory beneficiaries. See Cushing v. Sheffield Lake, 9th Dist. Lorain No. 13CA010464, 2014-Ohio-4617, ¶ 9. That she agreed to a settlement that did not award any specified amount of compensatory damages to all statutory beneficiaries is not a matter properly before this Court for review in this appeal. Because Joshua‘s claim for mental anguish arising out of the wrongful death of Corey should have been resolved in the wrongful death action before the probate court, he is estopped from relitigating that claim. Accordingly, the trial court properly granted summary judgment in favor of Messrs. Stein and Geitgey in regard to Joshua‘s claim alleging wrongful death.
{¶33} For the reasons articulated above, this Court concludes that genuine issues of material fact exist with regard to Joshua‘s claim alleging negligent infliction of emotional distress, and that the defendants were not entitled to judgment as a matter of law on that claim. Accordingly, the trial court erred by rendering summary judgment in favor of the defendants on the claim for negligent infliction of emotional distress and precluding Joshua from presenting evidence regarding his mental anguish associated with witnessing Corey‘s death. We further conclude, however, that Joshua is estopped from relitigating a claim for wrongful death, as that claim was necessarily fully resolved when Corey‘s personal representative settled the wrongful death action on behalf of the statutory beneficiaries. Accordingly, the trial court properly granted summary judgment in favor of the defendants on that claim. Joshua‘s assignment of error is sustained in part, and overruled in part.
III.
{¶34} Joshua‘s assignment of error is sustained in part, and overruled in part. The judgment of the Wayne County Court of Common Pleas is affirmed in part, reversed in part, and the cause remanded for further proceedings consistent with this opinion.
Judgment affirmed in part, reversed in part, and cause remanded.
There were reasonable grounds for this appeal.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed equally to both parties.
DONNA J. CARR
FOR THE COURT
MOORE, J. CONCURS.
HENSAL, P. J. DISSENTING.
{¶35} I respectfully dissent because I do not believe that this Court has jurisdiction over the appeal. Under
APPEARANCES:
CRAIG G. PELINI, Attorney at Law, for Appellant.
DANIEL E. CLEVENGER, Attorney at Law, for Appellee.
EDWARD A. DARK, Attorney at Law, for Appellee.
JOHN L. ANTEL, Attorney at Law, for Appellee.