Hoewischer v. White (In re White)

551 B.R. 814
CourtUnited States Bankruptcy Court, S.D. Ohio
DecidedJune 23, 2016
DocketCase No. 15-50031; Adv. Pro. No. 15-02115
StatusPublished
Cited by6 cases

This text of 551 B.R. 814 (Hoewischer v. White (In re White)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoewischer v. White (In re White), 551 B.R. 814 (Ohio 2016).

Opinion

MEMORANDUM OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT

C. Kathryn Preston, United States Bankruptcy Judge

This cause came on for consideration of the Defendant’s Motion for Summary Judgment (Doc. ’s 10) (“Defendant’s MSJ”) filed by Steven White, and the Plaintiffs Response to Defendant’s Motion for Summary Judgment and Plaintiffs Motion for Summary Judgment (Doc. # 13) (“Plaintiffs MSJ”) filed by Jennifer Hoewischer in the above captioned adversary proceeding.

Jennifer Hoewischer (“Ms.Hoewischer”), the plaintiff in this adversary proceeding, seeks summary judgment on the issue of whether the debt arising from a state [818]*818court judgment against the debtor, Steven Rolyn White (“Mr.White”), for invasion of privacy is excepted from discharge under 11 U.S.C. § 523(a)(6). The Court having considered the record and the arguments of the parties, makes the following findings and conclusions.

I. Jurisdiction

The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334 and General Order 05-02 entered by the United States District Court for the Southern District of Ohio, referring all bankruptcy matters to this Court. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I). Venue is properly before this Court pursuant to 28 U.S.C. §§ 1408 and 1409.

II. Findings of Fact

Upon the pleadings, depositions, answers to interrogatories, admissions on file, affidavits, and other materials submitted with the motions for summary judgment, the Court makes the following findings of fact:

On October 4, 2013, Ms. Hoewischer filed a complaint against Mr. White in the Common Pleas Court of Shelby County, Ohio (the “State Court”) alleging claims for intentional infliction of emotional distress and invasion of privacy. On January 14, 2014, the State Court entered a default judgment against Mr. White, reserving the issue of the amount of damages for hearing. After a hearing on damages held on March 18, 2014, the State Court entered a Decision/Judgment Entry on Damages (the “Judgment”) and made the following factual findings:

Hoewischer met White at the end of 2012 while White was living in Jackson Center. Hoewischer and White began dating in early 2013. After a time, White started pressuring Hoewischer to send him nude pictures. He pressured her for some time including sending “thousands” of text messages. White offered her money and a car although he never delivered on any of those promises. After months of pressure, Hoew-ischer finally gave in to his requests, “so he would leave her alone.” White assured Hoewischer that the pictures were for his use only and at one point agreed to delete the photographs.
White then started requesting that Hoewischer engage in sexual acts with him. Hoewischer refused. Upon her refusals, White became angry and made implied threats. Hoewischer then terminated the relationship.
Sometime later Hoewischer was messaged by an individual in California on Facebook. She then started receiving other messages from other individuals unknown to her about her body and her pictures. Some of the contacts were solicitations for sex. Hoewischer then discovered that White had posted her nude photographs on a “revenge porn” website. Not only have individuals from outside the area contacted her, multiple persons in her small community of Jackson Center have approached her about the photos. The defendant also posted her home address online. Hoewischer has attempted without success to have her photographs and information removed from that website.
At the damage hearing, Hoewischer testified as to the emotional toll that this has been upon her. Her daily mood has changed, she is now depressed and shy, she is fearful for her safety. She testified that she sought help from a local mental health provider although the evidence was unclear as to the number of times. Apparently no expenses were incurred. She is also concerned that the posting [819]*819of the photographs may preclude her from her chosen field of medical message therapy.
Corroborating Hoewischer’s testimony was that of her mother. The mother confirmed the emotional distress and anxiety. Her mother, who is also a medical massage therapist, testified about the distinct possibility that Hoew-ischer would not be licensed because of the posting of the photographs.
... The elements of intentional infliction of emotional distress are: 1) the defendant intended to cause emotional distress or knew or should have known that his conduct would result in serious emotional distress to the plaintiff; 2) defendant’s conduct was outrageous and extreme beyond all possible bounds of decency and was such that it can be considered as utterly intolerable in a civilized community; 3) defendant’s conduct was the proximate cause of plaintiffs psychic injury; and 4) plaintiffs emotional distress was serious and of such a nature that no reasonable person could be expected to endure it.
The evidence is clear that White’s conduct meets the first three of the elements for intentional infliction of emotional distress.
[Tjhere is no question that the conduct of White caused Hoewischer embarrassment, annoyance, and even distress ....
.. .This court finds the conduct of White outrageous, intentional and highly offensive. Further, this court finds that Hoewischer was injured by the shame, humiliation and embarrassment caused by the conduct of Wfliite such that she is entitled to damages.

PL’ Mot. for Summ. J. Ex. 1, at 2-4. The State Court entered judgment in favor of Ms. Hoewischer for damages in the amount of $151,123.00, consisting of compensatory damages ($50,000), punitive damages ($100,000) and attorney fees ($1,123).

On January 6, 2015, Mr. White and his wife, Afton Dawn White, filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code. In due course, the Court entered the Discharge of Debtor (Doc. #28) whereby Mr. White and his wife were granted a discharge under 11 U.S.C. § 727 of the Bankruptcy Code. On April 10, 2015, Ms. Hoewischer timely filed a Complaint to Determine Dischargeability of Debt (Doc. # 1) (the “Complaint”), seeking a determination that the debt represented by the Judgment is nondischargeable pursuant to 11 U.S.C. § 523(a)(6).

In Plaintiffs MSJ, Ms. Hoewischer argues that the judgment entered by the State Court is entitled to preclusive effect. In contrast, Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
551 B.R. 814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoewischer-v-white-in-re-white-ohsb-2016.