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Coles v. Daniels9/8/2005
{ } Plaintiffs-appellants Jamol Coles and Tina Murphy Coles appeal the decision of the trial court. Having reviewed the arguments of the parties and the pertinent law, we affirm in part, reverse in part and remand to the lower court.
I.
{ } According to the facts, appellee Andrea Daniels was running a day care business out of her home when her son, A.D., sexually molested A.C., a five-year-old girl, in the basement. At the time of the incident, A.D. was either eleven, twelve or thirteen, depending on which date, 1999, 2000 or 2001, is accepted.
{ } Appellants Jamol Coles and Tina Murphy Coles, individually and on behalf of their minor daughter, sued appellee Andrea Daniels, the mother of A.D., in the Cuyahoga County Common Pleas Court on April 26, 2002, for negligent supervision and loss of consortium. Appellee filed her answer on July 11, 2002. Nationwide Mutual Fire Insurance Company ("Nationwide"), the insurer for purposes of Andrea Daniels' homeowner's policy, filed a motion to intervene on July 23, 2002, which was granted on August 29, 2002.
{ } After appellants filed suit in common pleas court, appellee filed for bankruptcy on July 5, 2002 in the United States Bankruptcy Court for the Northern District of Ohio, Eastern Division. On September 13, 2002, the trial court was advised that appellee had filed a bankruptcy petition, and all proceedings in the common pleas court were stayed. The case was then removed from the active docket of the common pleas court and proceeded in the bankruptcy court.
{ } On October 30, 2002, appellants' previously filed motion to reactivate the proceeding in common pleas court was granted and the trial court reactivated the case. On February 7, 2002, appellants filed a motion for summary judgment, seeking an order determining there were no genuine issues of material fact relative to the issue of insurance coverage. This motion was granted on April 11, 2003, and intervening plaintiff-appellee, Nationwide, who had filed a summary judgment on the same issue, was denied summary judgment on the issue of coverage.
{ } On April 22, 2004, Nationwide filed a supplemental motion for summary judgment, alleging that the sexual molestation took place on a date that was outside the scope of the insurance policy. This supplemental motion for summary judgment was denied on June 23, 2004. The case was bifurcated, and a bench trial was held on the declaratory judgment action on September 24, 2004. The trial court rendered its verdict on October 20, 2004, finding in favor of the intervening plaintiff-appellee, Nationwide, and declared no coverage was available to appellants under the policy. This appeal now follows.
II.
{ } Appellants' first assignment of error states the following: "The trial court committed prejudicial error when it heard an issue that had already been decided by the U.S. Bankruptcy Court for Northern District of Ohio, Eastern Division."
{ } Appellants argue that the lower court erred because it heard an issue that was already decided by the bankruptcy court. We disagree.
{ } "Once a bankruptcy proceeding begins in one court, the concurrent jurisdiction of other courts is partially stripped. * In addition to exclusive jurisdiction over the bankruptcy proceeding itself, 'the district court in which a case under Title 11 is commenced or is pending shall have exclusive jurisdiction of all of the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate.' * However, the exclusivity of the bankruptcy court's jurisdiction reaches only as far as the automatic stay provisions of 11 U.S.C. ยง362.
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