DocketNumber: C.A. No. 21716.
Citation Numbers: 2004 Ohio 1588
Judges: WILLIAM G. BATCHELDER, JUDGE.
Filed Date: 3/31/2004
Status: Non-Precedential
Modified Date: 4/18/2021
{¶ 3} Liberty subsequently moved for summary judgment; the trial court granted its motion. The case proceeded to trial and, on March 28, 2000, the jury returned a verdict against White. Despite a verdict in their favor, the Handels moved for a new trial, and the trial court granted this motion on May 4, 2000. White timely appealed this judgment,2 and this Court affirmed the trial court's judgment that granted a new trial and remanded the case to the trial court. Handel v. White (Feb. 28, 2001), 9th Dist. No. 20096.
{¶ 4} On August 27, 2001, Hartford3 moved to intervene, and the trial court granted this motion. The Handels moved to stay the proceedings pending arbitration. The trial court granted the Handels' motion to stay the proceedings pending arbitration, and Hartford appealed. This Court, on November 6, 2002, reversed the trial court's order granting the Handels' motion to stay, and remanded the case to the trial court. Handelv. White, 9th Dist. No. 21035, 2002-Ohio-6039. The case, again, proceeded to trial, and the jury, again, returned a verdict against White. Following the jury verdict, Hartford moved for leave to file a motion for summary judgment instanter. The trial court granted Hartford's motion for leave and, subsequently, granted Hartford's motion for summary judgment. The Handels appeal, and raise two assignments of error for review.
{¶ 5} In their first assignment of error, the Handels aver that the trial court improperly granted summary judgment in favor of Liberty. We decline to address the merits of this assignment of error, for the reasons that follow.
{¶ 6} The law of the case doctrine "provides that the decision of a reviewing court in a case remains the law of that case on the legal questions involved for all subsequent proceedings in the case at both the trial and reviewing levels."Nolan v. Nolan (1984),
{¶ 7} App.R. 3(C)(1) provides that an appellee who seeks to modify a trial court's judgment must file a cross appeal. Specifically, App.R. 3(C)(1) provides:
"A person who intends to defend a judgment or order against an appeal taken by an appellant and who also seeks to change the judgment or order or, in the event the judgment or order may be reversed or modified, an interlocutory ruling merged into thejudgment or order, shall file a notice of cross appeal within the time allowed by App.R. 4." (Emphasis added.)
{¶ 8} An order of the trial court that grants a motion for summary judgment is an interlocutory order. Dailey v. State FarmMut. Auto. Ins. Co. (Sept. 27, 1994), 2nd Dist. No. 14732, citing Ford Motor Credit Co. v. Landmark Air Fund I (1983),
{¶ 9} In the present case, the trial court granted Liberty's motion for summary judgment. While this order is generally not appealable because it is an interlocutory order, it merged into the judgment of the trial court that granted the motion for a new trial on May 4, 2000. See State Farm Fire Cas. Co., supra;Horner,
{¶ 10} In their second assignment of error, the Handels contend that the trial court erroneously granted summary judgment in favor of Hartford. The Handels' contention lacks merit.
{¶ 11} This Court finds that Maria Handel, Henry Handel, and Hunter Handel do not qualify as "insureds" in light of the Ohio Supreme Court's recent decision in Westfield Ins. Co. v.Galatis,
{¶ 12} In Galatis, the Ohio Supreme Court addressed "Ohio's law regarding whether uninsured and underinsured motorist insurance issued to a corporation may compensate an individual for a loss that was unrelated to the insured corporation." Id. at ¶ 2. The Court concluded that it may not, and held that "[a]bsent specific language to the contrary, a policy of insurance that names a corporation as an insured for uninsured or underinsured motorist coverage covers a loss sustained by an employee of the corporation only if the loss occurs within the scope of employment." (Emphasis added.) Id. at ¶ 62. The rationale underlying this holding stems from the general intent of a motor vehicle insurance policy issued to a corporation, which is "to insure the corporation as a legal entity against liability arising from the use of motor vehicles." Id. at ¶ 20, citingKing v. Nationwide Ins. Co. (1988),
"an employee's activities outside the scope of employment are not of any direct consequence to the employer as a legal entity. An employer does not risk legal or financial liability from an employee's operation of a non-business-owned motor vehicle outside the scope of employment. Consequently, uninsured motorist coverage for an employee outside the scope of employment is extraneous to the general intent of a commercial auto policy."Galatis at ¶ 20.
{¶ 13} Furthermore, the Court held that "where a policy designates a corporation as a named insured, the designation of `family members' of the named insured as other insureds does notextend coverage to a family member of an employee of thecorporation, unless that employee is also a named insured[.]" (Emphasis added.) Reitz v. Zurich Am. Ins. Co., 9th Dist. No. 21646, 2004-Ohio-967, at ¶ 9, citing Galatis,
{¶ 14} In the instant case, Henry Handel is not a named insured on the Hartford policy issued to his employer, Tri-State Mobility Equipment. As such, Henry Handel must have sustained his losses during the course of his employment with Tri-State Mobility Equipment to qualify as an insured under its policy. SeeGalatis at ¶ 62. There is no evidence in the record to link the accident that involved Maria Handel and Hunter Handel to Henry Handel's employment with Tri-State Mobility Equipment. Accordingly, as Henry Handel did not incur his losses during the scope of his employment, he does not qualify as an insured under the Hartford policy. See id. As this Court has concluded that Henry Handel is not a named insured on the Hartford policy, it follows that his family members, namely, Maria Handel and Hunter Handel, are not insured by the policy. See Reitz at ¶ 9; citingGalatis,
Judgment affirmed.
WHITMORE, P.J., SLABY, J., CONCUR.