Embassy Healthcare v. Bell

2017 Ohio 1499, 89 N.E.3d 40
CourtOhio Court of Appeals
DecidedApril 24, 2017
DocketNO. CA2016–08–072
StatusPublished
Cited by3 cases

This text of 2017 Ohio 1499 (Embassy Healthcare v. Bell) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Embassy Healthcare v. Bell, 2017 Ohio 1499, 89 N.E.3d 40 (Ohio Ct. App. 2017).

Opinions

HENDRICKSON, P.J.

*42{¶ 1} Plaintiff-appellant, Embassy Healthcare, appeals from a summary judgment decision rendered by the Franklin Municipal Court in favor of defendant-appellee, Cora Sue Bell. For the reasons detailed below, we reverse.

{¶ 2} Embassy operates a nursing home where Bell's late husband, Robert, stayed beginning in early 2014. Robert passed away in May 2014 and no estate was opened. Over six months after his death, Embassy issued Bell a letter asking for payment from Robert's estate for unpaid nursing services. The letter was addressed to "The Estate of: ROBERT BELL, c/o CORA BELL, Fiduciary" and began "Dear Personal Representative of the Estate."1

{¶ 3} In June 2015, Embassy sued Bell, asserting a claim pursuant to R.C. 3103.03, i.e., Ohio's necessaries statute. Embassy alleged in the complaint that it provided Robert with $1,678 in unpaid nursing services. The complaint further alleged that Bell was obligated to reimburse it for Robert's debt under the necessaries statute.

{¶ 4} After filing her answer, Bell moved for summary judgment and attached her affidavit in support. In the motion, Bell argued that Embassy could not prove certain elements of its claim under the necessaries statute and further, that the claim was time barred by the six-month statute of limitations for filing claims against a decedent's estate.

{¶ 5} To show that Robert could support himself and had the ability to pay Embassy for its nursing services-a fact which could potentially defeat Embassy's necessaries claim-Bell included averments in her summary judgment affidavit related to Robert's Medicare insurance policies in effect prior to his death. Bell averred that her late husband had Medicare coverage, including a supplemental policy that paid for 100 days of skilled nursing care. Bell further averred that at as of April 2014, Robert had 54 days of coverage for skilled nursing remaining.

{¶ 6} Embassy filed a responsive memorandum and included an affidavit of its custodian of records. Through the affidavit, the custodian authenticated billing records and Robert's admission packet. A portion of the packet reflecting Robert's financial resources appeared to show that his sources of income were social security and a pension.

{¶ 7} A magistrate issued a decision recommending that the court find in favor of Bell and dismiss Embassy's complaint. The magistrate reasoned that Embassy failed to offer any evidence demonstrating that Robert was unable to support himself and could not pay for the services Embassy provided.

{¶ 8} Embassy filed objections, which the trial court overruled. In its decision, the trial court's basis for finding in favor of Bell differed from that of the magistrate. The court found that Robert's alleged debt to Embassy became a debt of Robert's estate upon his death. The court then concluded that Embassy was time barred from recovering the alleged debt because it failed to present a claim to Robert's estate, or open an estate for the purposes of doing so, within the six-month limitations period imposed by R.C. 2117.06. Effectively, the court found that Embassy was required to pursue its claim against *43Robert's estate before it could attempt to recover against Bell under R.C. 3103.03.

{¶ 9} Embassy presents one assignment of error on appeal:

{¶ 10} THE TRIAL COURT ERRED IN GRANTING APPELLEE'S MOTION FOR SUMMARY JUDGMENT.

{¶ 11} Embassy argues that the court erred when it concluded that Embassy's failure to present a claim against Robert's estate within the time requirements set forth in R.C. 2117.06 preclude it from asserting a R.C. 3103.03 necessaries claim against Bell for the same debt. Embassy further argues that Bell did not support her summary judgment motion with facts sufficient to demonstrate the absence of a genuine issue of fact with respect to Robert's ability to support himself, and thus, it had no reciprocal burden under Civ.R. 56(E) to produce genuine issues of fact for trial. We address each argument in turn.

{¶ 12} This court reviews summary judgment decisions de novo, which means that we review the trial court's judgment independently and without deference to its determinations and use the same standard in our review that the trial court should have employed. Ludwigsen v. Lakeside Plaza, L.L.C. , 12th Dist. Madison No. CA2014-03-008, 2014-Ohio-5493, 2014 WL 7014717, ¶ 8. Summary judgment is appropriate under Civ.R. 56(C) when (1) there are no genuine issues of material fact to be litigated, (2) the moving party is entitled to judgment as a matter of law, and (3) when all evidence is construed most strongly in favor of the nonmoving party, reasonable minds can come to only one conclusion, and that conclusion is adverse to the nonmoving party. Zivich v. Mentor Soccer Club , 82 Ohio St.3d 367, 369-370, 696 N.E.2d 201 (1998). "Summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence, and written stipulations of fact, if any, timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Civ.R. 56(C).

{¶ 13} The movant bears the initial burden of informing the court of the basis of the motion and demonstrating the absence of a genuine issue of material fact. Ludwigsen at ¶ 9. Once the moving party meets this burden, the nonmoving party may not rest on the allegations of his pleadings but must set forth specific facts showing a genuine issue for trial. Id . Civ.R. 56(E).

Presentment of claims against estates and R.C. 3103.03

{¶ 14} R.C. 3103.03, the necessaries statute, provides in pertinent part:

(A) Each married person must support the person's self and spouse out of the person's property or by the person's labor. If a married person is unable to do so, the spouse of the married person must assist in the support so far as the spouse is able.
* * *
(C) If a married person neglects to support the person's spouse in accordance with this section, any other person, in good faith, may supply the spouse with necessaries for the support of the spouse and recover the reasonable value of the necessaries supplied from the married person who neglected to support the spouse unless the spouse abandons that person without cause.

{¶ 15} R.C. 2117.06 governs the method of asserting claims against a decedent's estate. In relevant part, it provides:

(A) All creditors having claims against an estate , including claims arising out of contract * * * shall present *44their claims in one of the following manners: * * *

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Related

Embassy Healthcare v. Bell (Slip Opinion)
2018 Ohio 4912 (Ohio Supreme Court, 2018)
Embassy Healthcare v. Bell
2017 Ohio 1499 (Ohio Court of Appeals, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
2017 Ohio 1499, 89 N.E.3d 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/embassy-healthcare-v-bell-ohioctapp-2017.