Tag Archives: Summary Judgment

On February 28, 2011, Ohio’s Third District Court of Appeals upheld the summary judgment decision obtained on behalf of Ottawa Oil and its driver in a tractor-trailer collision.  Ottawa Oil and its driver were sued after collision that resulted in the death of plaintiff’s decedent.  Despite the testimony of all eyewitnesses to the collision that plaintiff’s decedent ran a red light and caused the accident, plaintiff’s brought suit against Ottawa Oil and its driver alleging that the Ottawa Oil tanker was negligently maintained and that its driver failed to exercise ordinary care to avoid the collision.  The trial court granted summary judgment finding that plaintiff’s decedent’s failure to stop for the red light caused the accident and that there was no evidence the tanker truck driver was in any way negligent or that the tanker truck was negligently maintained.

On February 23, 2011, Judge Steven Dankof of the Montgomery County Common Pleas Court issued partial summary judgment in favor of the Miami Valley Risk Management Association (“MVRMA”).  The decision has favorable implications for municipal risk management pools that have chosen to offer uninsured/underinsured motorist (“UM/UIM”) coverage.