Westfield Ins. Co. v. Chapel Elec. Co., L.L.C.

Citations

• 249 N.E.3d 266
• 2024 Ohio 2736

Syllabus

Appellee, an insurer, brought a contribution claim against appellant, an electrical contractor, after it settled a wrongful death case. The trial court correctly denied appellant's summary judgment motion, which alleged that the statute of limitations for filing the contribution claim had expired. Appellee's contribution action was filed within one year after probate court approval and payment to the wrongful death beneficiaries and was timely under R.C. 2307.26(B). The trial court also did not err in denying summary judgment on claims that appellee was a volunteer in paying the settlement, that appellant had no duty to the decedent, and that appellant's actions did not proximately cause the death. These matters involved genuine issues of material fact and were proper for the jury to resolve. In addition, the trial court did not abuse its discretion in admitting a copy of the release appellant obtained, as it was properly authenticated. The court further did not err in denying appellant's motion for judgment notwithstanding the verdict and for a new trial. Again, the issues of duty and proximate cause were for the jury to resolve. Moreover, contrary to appellant's contention, appellee presented admissible evidence of non-economic damages. There was also no error in admitting evidence about the probate court proceeding and no evidence that the jury was inflamed or confused. Finally, the judgment was not against the manifest weight of the evidence. Judgment affirmed.