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Pfeiffer v. Sahler9/13/2001
JUDGMENT AFFIRMED AND REMANDED.
This is an appeal from an order of Judge Christine McMonagle granting summary judgment in favor of third-party defendant/appellee State Farm Fire and Casualty Company ( State Farm ), on the basis that State Farm's homeowner's insurance policy did not provide liability coverage for personal injury claims against defendant Scott Sahler. Appellants Michael J. and Maria Pfeiffer contend that the injuries he sustained were caused by an accident, that Sahler did not intend to injure him and Sahler's intent was a material issue in dispute. We do not agree, and we affirm and remand.
On July 2, 1995, Sahler, then age seventeen years, driving around with his brother and two other friends, stopped at the home of Ryan Wagner, in Strongsville, Ohio so that one of the group could use the Wagners' telephone. Pfeiffer, then almost sixteen years old, was a friend of Sahler's and was at the Wagner home. As Sahler sat in the parked car, Pfieffer approached and an argument began over whether Sahler had vandalized Pfeiffer's home. He insulted Sahler, then ran into the Wagner house and Sahler followed him. The argument verbally escalated until Pfeiffer and Sahler were arguing nose to nose. When Pfeiffer put up his hands Sahler pushed him and punched him one time in the face, causing a fracture of the nasal bone and a one-half inch laceration. As a result of the injury, the resultant cosmetic deformity and airway obstruction, Pheiffer required a closed reduction and surgery to correct his septal deviation.
On April 8, 1998, Pfeiffer, still a minor, and his mother filed suit against Sahler and his father, Gary Sahler, alleging the following claims:
1. That Sahler, negligently or otherwise, assaulted Pfeiffer;
2. That Gary Sahler, knowing of his son's violent and aggressive tendencies, negligently failed to seek appropriate treatment or counseling for him;
3. That Maria Pfeiffer had been damaged through medical expenses and loss of consortium; and,
4. That Sahler's actions, being wilful and wanton, warranted an award of punitive damages.
A Homeowners/Renters policy of liability insurance issued to Gary Sahler was in effect in 1995, and State Farm provided the Sahlers a defense against this complaint under a reservation of rights. On November 19, 1998, State Farm was granted leave to intervene in order to file a declaratory judgment action to determine its responsibility for the Sahlers' defense of the suit or its duty to indemnify should a judgment be rendered against either father or son.
State Farm, in its motion for summary judgment, argued that Sahler's acts were excluded from coverage under its policy because Pfeiffer's injuries were expected or intended, or alternatively, were the result of Sahler's willful and malicious acts. Both Pfeiffer and Sahler responded that the circumstances surrounding the incident were such that, whether Sahler's actions were intentional or merely negligent, they were questions of material fact subject to resolution by a jury. On May 18, 1999, the court granted summary judgment in favor of State Farm and after that ruling, the attorney provided by State Farm for the Sahlers' defense was granted leave to withdraw. The case was later submitted to arbitration and, after an appeal from an award, was set for trial.
On May 18, 2000, with the complaint still pending, the judge amended her 1999 summary judgment decision to incorporate Civ.R. 54(B) no just reason for delay language to permit an interlocutoryappeal. This court dismissed the appeal because the grant of summary judgment failed to declare the rights of the parties but reinstate
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