 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Gump v. Walker10/31/2005
JUDGMENT: Affirmed
{ } Defendants-appellants William Walker, Jr., et al. appeal the November 2, 2004 Judgment Entry entered by the Stark County Court of Common Pleas, which denied their Motion for Attorney Fees after the trial court granted summary judgment in their favor. Plaintiff-appellee is Martin Gump, Administrator of the Estate of Ronald Huffman.
STATEMENT OF THE CASE
{ } On September 24, 2003, appellee filed a Complaint for wrongful death against appellants. The Complaint alleged Ronald Huffman died on February 24, 2003, of acute ethanol poisoning as the result of the negligent, reckless, and wanton misconduct of appellants, their agents, and/or employees. On December 19, 2003, appellants filed a Motion for Judgment on the Pleadings, asserting Ohio does not recognize a cause of action by an adult intoxicated patron or his estate against a liquor permit holder for self-inflicted injuries. The trial court granted appellants' Motion for Judgment on the Pleadings via Judgment Entry filed January 8, 2004. Appellee filed a Motion to Vacate Judgment on the Pleadings on January 12, 2004, asserting appellee's counsel never received a copy of the motion. Appellee subsequently filed a Response to Appellants' Motion for Judgment on the Pleadings as well as a Notice of Appeal of the trial court's January 8, 2004 Judgment Entry. This Court dismissed the appeal for want of a final appealable order via Judgment Entry filed May 18, 2004.
{ } Thereafter, the trial court vacated the January 8, 2004 Judgment Entry and denied appellants' Motion for Judgment on the Pleadings. Appellants filed a Motion for Summary Judgment, asserting the coroner's conclusion Huffman's death was accidental precluded appellee's claim for relief. Additionally, appellants asserted they did not owe a duty to Huffman as his injury was proximately caused by his own voluntary intoxication/consumption of alcohol. In support of their position, appellants relied on the Ohio Supreme Court's decision in Smith v. The 10th Inning, Inc. (1990) 49 Ohio St.3d 289.
{ } Appellee filed a reply thereto, countering Huffman was attending an after-hours party at appellants' place of business; therefore, appellants owed a duty to Huffman as a social guest. Appellee further argued the coroner's opinion as to the cause of Huffman's death was not conclusive of the case, and a determination of whether Huffman's death was the proximate result of appellants' negligence was an issue of fact for the jury. Via Judgment Entry filed October 12, 2004, the trial court granted summary judgment in favor of appellants, finding Smith v. The 10th Inning, Inc., supra, to be dispositive. On October 27, 2004, appellants filed a Motion for Attorney Fees. Via Judgment Entry filed on November 2, 2004, the trial court denied appellants' motion for attorney fees.
{ } It is from the November 2, 2004 Judgment Entry appellants appeal, raising as their sole assignment of error:
{ } "I. THE TRIAL COURT ERRED, TO APPELLANTS' PREJUDICE, IN DENYING WITHOUT A HEARING, APPELLANTS' MOTION FOR ATTORNEY'S FEES."
I.
{ } In their sole assignment of error, appellants contend the trial court erred in denying their Motion for Attorney Fees without a hearing.
{ } "R.C. 2323.51 provides that a court may award court costs, reasonable attorney fees, and other reasonable expenses incurred in connection with the civil action or appeal to any party to the civil action or appeal who was adversely affected by frivolous conduct. 'Frivolous conduct,' as defined in R.C. 2323.51(A)(2)(a)(ii), includes conduct that is not warranted under existing law and cannot be supported by a good f
Page 1 2 3 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|