Courtney v. Am. Cas. Co. of Reading, Unpublished Decision (11-5-2004)
Courtney v. Am. Cas. Co. of Reading, Unpublished Decision (11-5-2004)
Opinion of the Court
{¶ 2} On July 24, 1997, appellant, Loretta J. Courtney, was injured in an automobile accident, in Portage Township, Ohio, caused by the negligence of Jay R. Grossman. At the time of the accident, appellant was employed by the Toledo Clinic, in Lucas County, Ohio. After exhausting Grossman's policy limits for her injuries, appellant filed a declaratory judgment action seeking coverage from her employer's insurance carrier, American Casualty. Citing the Ohio Supreme Court case of Westfield v.Galatis,
{¶ 3} "The trial court erred in granting summary judgment to defendant American Casualty of Reading, PA."
{¶ 4} Civ.R. 56(C) provides that summary judgment can be granted only if (1) no genuine issue of material fact remains to be litigated; (2) it appears from the evidence that reasonable minds can reach but one conclusion and that conclusion is adverse to the nonmoving party; and (3) the moving party is entitled to summary judgment as a matter of law. Temple v. Wean United,Inc. (1977),
{¶ 5} In Westfield Ins. Co. v. Galatis,
{¶ 6} In the present case, it is undisputed that appellant was not within the course and scope of her employment when she was injured. Appellant contends, however, that the facts of this case can be distinguished from Galatis in that her uninsured/underinsured motorist's coverage arose by operation of law. As the Twelfth District Court of Appeals recognized inBogan v. Johnson, 12th Dist. No. CA2003-04-010, 2004 Ohio 422, "[T]he Galatis opinion expresses no such limitation." We agree with the conclusion of the Twelfth District Court of Appeals and accordingly find appellant's sole assignment of error not well-taken.
{¶ 7} On consideration whereof, the court finds that substantial justice has been done the party complaining and the judgment of the Lucas County Court of Common Pleas is affirmed. Costs assessed to appellant pursuant to App.R. 24.
Judgment affirmed.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Pietrykowski, J., Lanzinger, J., Singer, J., Concur.
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