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Knop Chiropractic9/22/2003
JUDGMENT: Affirmed
Appellant Knop Chiropractic, Inc. appeals the decision of the Canton Municipal Court, which granted summary judgment in favor of Appellee State Farm Insurance Co. in a dispute over appellant's patient's purported assignment of prospective claim proceeds. The relevant facts leading to this appeal are as follows.
Appellant is an incorporated chiropractic clinic which offers the treatment services of William Knop, D.C. In March 2000, Kenneth Raber was involved in a vehicle collision with Crystal Allen, an insured of Appellee State Farm. Raber, who lacked health insurance, thereafter sought chiropractic services from appellant. Raber's medical fees for said services eventually totaled $1850. As part of the billing arrangement, Raber executed an assignment document which provided in pertinent part as follows:
"I now assign, without any right to later revoke, a part of any proceeds from my claim equal to the fees incurred by me to this Clinic for all treatment and other services rendered by this Clinic. I am not assigning any legal cause of action in My claim above, but only prospective proceeds. I also assign to the Clinic my right to enforce the obligation of any insurance company to pay settlement proceeds for any settlement agreement made by or for me in exchange for my signing such insurance company's release of claim. Prior to settlement or other disposition of My Claim, I understand and permit Clinic to pursue payment from any other source but me personally, including medical payments coverage in an automobile liability policy."
Raber subsequently made a claim against Allen, appellee's insured, for personal injury and property damage. Appellee received a copy of the assignment document and other pertinent records from appellant in mid-August 2000. However, appellee settled Raber's claim with him directly on November 14, 2000, for the sum of $5,575. Raber did not thereafter forward any sums to appellant; furthermore, Raber has since filed for Chapter 7 bankruptcy protection.
On November 27, 2002, appellant filed a complaint against appellee in Canton Municipal Court for civil conversion and failure to honor the aforementioned assignment. Appellee filed an answer and denial on December 26, 2002. On February 25, 2003, the parties entered into a court-approved agreement to submit the case on stipulated facts and merit briefs. On February 28, 2003, appellant and appellee each filed respective motions for summary judgment. On March 17, 2003, the trial court judge granted appellee's motion for summary judgment and overruled appellant's motion for partial summary judgment, citing as authority Steinbach v. Maryland Casualty Co. (1921), 15 Ohio App. 392. The judgment entry also contained, inter alia, the following conclusions:
"Kenneth Raber had no existing right to money from defendant at the time the alleged assignment was created. He had been in an automobile accident with an insured of the Defendant, but he was `owed' no money by Defendant. In order to be entitled to `proceeds' that would be assignable, Mr. Raber had to prove liability and the existence of damages that proximately resulted from the accident. Furthermore, Defendant did not in any way assume responsibility as the surety or guarantor for Kenneth Raber. To do so would have required Defendant to expressly accept responsibility to pay Plaintiff."
On April 15, 2003, appellant filed a notice of appeal, and herein raises the following sole Assignment of Error:
"I. THE TRIAL COURT ERRED WHEN IT HELD THAT APPELLEE WAS NOT DIRECTLY LIABLE TO APPELLANT FOR DISREGARDING A WRITTEN ASSIGNMENT OF TORT CLAIM PROCEEDS FOR W
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