Cherryhill Mgt., Inc. v. Branham

Citations

• 2020 Ohio 596

Syllabus

The trial court properly sustained a non-party insurance company's motion to quash discovery requests filed by plaintiff-appellant in a negligent entrustment action, where the driver of the vehicle was not the owner-insured the information sought was privileged or otherwise protected matter to which no exception applied. Civ.R. 45(C)(3)(b). The trial court did not err in granting summary judgment in favor of appellee-former husband on appellant's negligent entrustment and respondeat superior claims the former husband lacked access to the vehicle, and there was no evidence that he knew the driver. The trial court did not err in granting summary judgment in favor of appellee-car owner on appellant's negligent entrustment claim the appellee-car owner had obtained the vehicle pursuant to a dissolution decree, and there was no genuine issue of material fact that she had not given her friend (the driver of the vehicle at the time of the accident) express or implied consent to drive the vehicle. Judgment affirmed. (Tucker, P.J., concurring.) (Froelich, J., concurring.)