Opinion

Cincinnati Insurance v. Getter

  • 194 Ohio App. 3d 788
  • 958 N.E.2d 202
Court
Ohio Court of Appeals
Filed
Jul 5, 2011
Status
Published
Author
Ringland
On the bench
Hutzel, Powell, Ringland
Cited by
1 cases

The opinion

Ringland, Judge,

dissenting.

{¶ 43} I respectfully dissent from the majority’s decision for a question of fact remains as to whether the parties intended to relieve the Getters from their common-law liability.

{¶ 44} As can be seen, the majority, although finding that the parties’ intent must be “clear and apparent,” goes to great lengths in order to construe the agreement as establishing the parties’ intent to relieve the Getters from their common-law liability. However, regardless of whether the parties’ intent must be “clear and unequivocal,” or simply “clear” and “apparent,” terms which I find virtually synonymous, nothing in the majority’s decision, nor anything in the lease agreement itself, indicates that the parties intended to relieve the Getters from liability as a matter of law. Therefore, because the parties’ intent cannot be established as a matter of law, a question of fact remains as to whether the parties intended to relieve the Getters from their common-law liability in the case at bar. Accordingly, I respectfully dissent from the majority’s decision and would find that the trial court erred in granting summary judgment to Getter and Auto Owners.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.