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The Corinthian v. Hartford Fire Insurance Company5/11/2000
Defendants-appellants, Hartford Fire Insurance Company and Twin City Fire Insurance Company, appeal the judgment of the Cuyahoga County Court of Common Pleas denying their motion for summary judgment and granting plaintiff-appellee, The Corinthian, Inc.'s, cross-motion for partial summary judgment. For the reasons that follow, we dismiss this appeal.
In June 1992, in Case No. 233118, the Estate of Margaret Therese Sprosty (the Estate ) filed suit against Corinthian and Carlos E. Zevallos, M.D., asserting wrongful death and survival claims on behalf of Margaret T. Sprosty and her Estate. The Estate's Complaint alleged that Ms. Sprosty was admitted to Corinthian Skilled Nursing Center on June 3, 1991 for rehabilitation and care after hospitalization, and that Ms. Sprosty died on June 24, 1991 as a result of the defendants' negligent care. The Estate later filed an Amended Complaint, adding a claim for violation of Chapter 3721 of the Revised Code (sometimes referred to as the Nursing Home Patients' Bill of Rights ). In addition, the Estate sought statutory punitive damages against Corinthian pursuant to R.C. 3721.17(I), which at the time provided that The Court may award punitive damages for violation of [a patient's rights under Chapter 3721]. The provision had been construed to allow for an award of punitive damages without the common law showing of actual malice.
The Sprosty case was tried to a jury in June 1994. The jury returned a verdict for the Estate, awarded compensatory damages in the amount of $400,000 and found Corinthian liable for punitive damages. Pursuant to R.C. 2315.21(C)(2), which provided that the trial judge, rather than the jury, determine the amount of any punitive damages, the trial judge scheduled a separate hearing and awarded punitive damages of $100,000.
The parties appealed to this Court, which affirmed the judgment against Corinthian. Sprosty v. Pearlview, Inc. (1995), 106 Ohio App.3d 679. Based on the then just-decided case of Zoppo v. Homestead Ins. Co. (1994), 71 Ohio St.3d 552, however, this Court found that the trial court erred when it, rather than the jury, determined the amount of punitive damages. This Court reversed the punitive damage award and remanded the case for further proceedings on the Estate's claim for punitive damages. Id. at 686.
On June 24, 1996, in Case No. 310829, Corinthian filed a declaratory judgment action against defendants-appellants Hartford Fire Insurance Company and Twin City Insurance Company, a Hartford affiliate. Count One of Corinthian's Complaint sought a declaratory judgment with respect to coverage for the punitive damages to be awarded against Corinthian. Count Two of Corinthian's Complaint alleged that Hartford and Twin City had acted in bad faith in refusing to pay the punitive damage portion of the judgment against Corinthian.
On November 1, 1996, the trial court granted defendants-appellants' motion to bifurcate Corinthian's bad faith claim and stay further proceedings on that claim pending resolution of the coverage claim. Also on November 1, 1996, the trial court entered an order consolidating Case Nos. 233118 and 310829.
Subsequently, Hartford and Twin City filed a motion for summary judgment and Corinthian filed a cross-motion for partial summary judgment regarding whether Hartford and Twin City were obligated to indemnify Corinthian with respect to any punitive damage award rendered in the Sprosty case. On December 16, 1997, the trial court denied defendants-appellants' motion for summary judgment and granted Corinthian's cross-motion for partial summary judgment.
Thereafter, the Estate filed a motion to intervene in Case No. 310829. By
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