HORTON, Judge. { 1} This motion is before the court upon defendant's motion for summary judgment filed on July 27, 2010. Plaintiff filed a memorandum contra on August 13, 2010. Defendant filed a reply on August 23, 2010. The motion is considered submitted to the court for decision pursuant to Loc.R. 21.01 and 57.01. Factual History { 2} The facts of this case are not in dispute. Defendant, Mark A. Hill, has owned and resided in his home located at 1765 Gerrand Avenue in Columbus, Ohio,...
R.R. DENNY CLUNK, Judge. { 1} This matter came on for a hearing before the court on November 18 and 19, 2010, on a complaint for a declaratory judgment filed by the city of Warren, Ohio, against Vienna Township, Trumbull County, Ohio; Eric J. Rebhan and Regina Rebhan, coexecutors of the estate of John C. Rebhan, deceased; and the Ohio Department of Taxation. The complaint requests a declaration by the court that John C. Rebhan was domiciled in the city of Warren at the time of his death and...
BERENS, Judge. { 1} This matter is before the court upon the motion to dismiss filed by 29 of the defendants on December 20, 2010. For the reasons that follow, defendants' motion is overruled. STATEMENT OF THE CASE { 2} This is a personal-injury action in which several causes of action are alleged, including medical malpractice. Defendants move to dismiss on the authority of Civ.R. 10(D)(2) and 12(B)(6). 1 The motion under consideration argues that plaintiffs' complaint is...
FRYE, Judge. I. Introduction { 1} This case concerns a consent-to-settlement clause in an insurance policy written to backstop a self-insured business under Ohio's workers' compensation system. The Fishel Company was responsible for employee claims up to $300,000. To protect itself above that self-insured retention, Fishel purchased a policy entitled "Excess Workers' Compensation Policy" sold by Republic Western Insurance Company. { 2} James R. Richards was a longtime Fishel...
