 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Weiner12/28/1992
PATRICIA A. BLACKMON, Judge.
Weiner, Orkin, Abbate & Suit Co., L.P.A. - plaintiff-appellant and cross-appellee - timely appeals the manner in which the Cuyahoga County Common Pleas Court disposed of a motion for attorney fees pursuant to Civ.R. 11 and a motion for attorney fees pursuant to R.C. 2323.51. Defendants-appellees and cross-appellant Summers timely assert a cross-appeal alleging that the trial court erred in its finding that there were insufficient grounds to support a claim for infliction of emotional distress.
Having reviewed the record and the arguments of counsel, we reverse in part and affirm in part the manner in which the trial court disposed of the motions for attorney fees pursuant to Civ.R. 11 and R.C. 2323.51. The apposite facts follow.
In May 1987, Dean Nutter was involved in a motor vehicle accident. In June 1987, appellant entered into a contingent fee agreement with Nutter regarding the automobile accident. After some time elapsed and negotiations took place, the tortfeasor's liability carrier made an offer of $15,000 to Nutter. This offer was rejected by Nutter and he subsequently terminated his attorney-client relationship in a letter to appellant dated approximately July 8, 1988. Nutter advised appellant that he had discussed his case with other counsel.
In mid-September 1988, Nutter agreed to accept the previous offer of $15,000 and executed a settlement and release agreement that settled his outstanding claims. On or about October 26, 1988, appellant filed a lawsuit against Nutter alleging that he had breached his contract with appellant, as it related to legal services provided in connection with his personal injury claim. This action was filed in the Shaker Heights Municipal Court. In response to the lawsuit, an answer and counterclaim were filed on Nutter's behalf by attorneys William L. Summers and Norman Fox, Jr.
The counterclaim alleged two causes of action. The first was a claim for legal malpractice on the part of appellant. The underlying basis for the legal malpractice claim was alleged to be that appellant failed to mention or pursue the availability of underinsured motorist coverage under Nutter's parents' insurance policy. The second cause of action contained in the counterclaim was for infliction of emotional distress. This claim was allegedly based on the manner in which appellant treated Nutter during its representation of him.
The Shaker Heights Municipal Court transferred the case to the Cuyahoga County Common Pleas Court in March 1989, because the counterclaim exceeded the municipal court's monetary jurisdiction. After a period of time, case management conferences, and discovery, appellant moved for summary judgment on the counterclaim, which the trial court granted in early June 1990. In July 1990, appellant entered a dismissal of the remainder of the case pursuant to Civ.R. 41(A)(1)(a), which made the trial court's summary judgment ruling a final order.
In August 1990, appellant filed motions for attorney fees pursuant to both Civ.R. 11 and R.C. 2323.51, requesting that the fees be assessed against both Summers and Fox. An affidavit in support of the motions for fees was filed with the trial court; the affidavit was from attorney Steven D. Bell, who was defense counsel for appellant on the counterclaim. In response to these motions, the trial court ordered the appellees, Summers and Fox, to file a brief in opposition to the request for sanctions by November 9, 1990, and that an oral hearing would subsequently be held upon the request of any party.
Cross-appellant, Home Insurance Company, filed a motion to intervene in an effort t
Page 1 2 3 4 5 6 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|