Doczi v. Blake

Citations

• 178 N.E.3d 16
• 2021 Ohio 3433

Syllabus

CIVIL-SUMMARY JUDGMENT-PRESENTATION OF CLAIM AGAINST ESTATE-R.C. 2117.06-STRICT COMPLIANCE - The trial court's grant of summary judgment concluding that plaintiff cannot collect from the assets of the estate due to his failure to strictly comply with the requirements of R.C. 2117.06 is affirmed however, to the extent the trial court's order also held that all of plaintiff's claims were completely barred against the estate, as opposed to simply barring collection from the estate, the order exceeded the relief requested in the summary judgment motion and, therefore, must be reversed further, despite failing to properly present a claim against the estate in accordance with R.C. 2117.06, plaintiff was entitled to pursue his personal injury action against the estate for purposes of seeking recovery from assets outside the estate, primarily any insurance coverage available to decedent at the time of the accident.