Wessell Generations, Inc. v. Bonnifield

950 N.E.2d 989, 193 Ohio App. 3d 1
CourtOhio Court of Appeals
DecidedMarch 21, 2011
DocketNo. 09CA009726
StatusPublished
Cited by4 cases

This text of 950 N.E.2d 989 (Wessell Generations, Inc. v. Bonnifield) 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
Wessell Generations, Inc. v. Bonnifield, 950 N.E.2d 989, 193 Ohio App. 3d 1 (Ohio Ct. App. 2011).

Opinion

Moore, Judge.

{¶ 1} Appellants, Lorain County Department of Job and Family Services (“DJFS”) and its employee, Tom Dougherty,1 appeal from a judgment of the Lorain County Court of Common Pleas that denied their motion to quash a [3]*3subpoena that commanded Dougherty to appear and give testimony in this case. Because the trial court failed to conduct a balancing of interests to determine whether a qualified privilege should prevent Dougherty from testifying, this court reverses the judgment and remands the cause.

I

{¶ 2} On January 31, 2008, Wessell Generations, Inc., d.b.a. Welcome Nursing Home, filed a complaint against Madaline Bonnifield and her daughter, Lizette Benzing, seeking the unpaid balance allegedly owed by Bonnifield for her stay at its nursing home. Bonnifield died during the pendency of this action, and although her estate was substituted as a party, Wessell eventually settled with the estate and it was dismissed from the case.

{¶ 3} Wessell’s claim against Benzing was based on the contractual obligation she assumed when she signed her mother’s nursing-home-admission agreement as the “Responsible Person.” The agreement provided that Benzing was responsible for payment on her mother’s behalf to the extent that she had access to her mother’s resources. It is not disputed that neither Bonnifield nor her estate had sufficient resources to pay the outstanding balance of over $40,000. The agreement further provided, however, that the Responsible Person would be obligated to pay an “amount equivalent to * * * revenue lost by the Facility due to the Responsible Person’s failure to cooperate in the Medical Assistance eligibility or redetermination process.” Wessell maintained that Benzing was personally obligated to pay the outstanding balance because Bonnifield was eligible for Medicaid benefits but did not receive them because Benzing failed to cooperate with D JFS when she applied for Medicaid on her mother’s behalf.

{¶ 4} Wessell deposed Benzing about how she handled her mother’s care and finances during the latter years of her life. Wessell questioned Benzing about the Medicaid application that she filed on behalf of her mother, including her conversations with Dougherty, with whom she met about the application, and why the Medicaid application had been denied. Benzing responded with vague details about the application process, but did not recall much of what had transpired or why the application was denied.

{¶ 5} In an apparent attempt to prove that Benzing deliberately prevented her mother from qualifying for Medicaid benefits, Wessell subpoenaed Dougherty to attend and give testimony at the trial that was scheduled for December 10, 2009. Dougherty and DJFS moved to quash the subpoena, asserting that Dougherty’s testimony was privileged under R.C. 5101.27, which prohibited him from disclosing any information about a Medicaid applicant or recipient. They argued that Wessell sought to ask Dougherty questions about the processing of Bonnifield’s Medicaid application, which he could not disclose except to certain government [4]*4agencies for purposes directly connected to the administration of the Medicaid program. Wessell responded in opposition, maintaining that the testimony it sought from Dougherty fell outside the scope of R.C. 5101.27 because it involved Benzing, not Bonnifield, and that any information about Bonnifield that might be disclosed was directly related to the administration of the Medicaid program.

{¶ 6} While the motion to quash was pending, Wessell attempted to depose Dougherty, but he refused to answer most of its questions on the advice of counsel. Dougherty and DJFS maintained their position that any information about the Medicaid application that Benzing completed on behalf of Bonnifield, including her conduct and conversations with Dougherty, fell within the scope of R.C. 5101.27.

{¶ 7} The trial court denied the motion to quash, reasoning that information about Benzing did not fall within the scope of R.C. 5101.27, because it did not directly relate to Bonnifield, the Medicaid applicant. The trial court further ordered that Wessell “shall not inquire of the witness with regard to any information which is prohibited from disclosure pursuant to R.C. 5101.27.” Dougherty and DJFS appeal, raising two assignments of error, which this court will address together because the appellants argue them jointly.

II

ASSIGNMENT OF ERROR I

The trial court abused its discretion when it denied a motion to quash a trial subpoena, thus requiring a non-party witness to testify about confidential information regarding a public assistance recipient in a legal proceeding that was not directly connected with the administration of a public assistance program.

ASSIGNMENT OF ERROR II

The trial court abused its discretion when it sua sponte granted an “illusory” motion in limine in favor of a non-party trial witness in a private legal proceeding that was not directly connected with the administration of a public assistance program, which “illusory” motion in limine did not prevent the disclosure of confidential information regarding a public assistance applicant.

{¶ 8} Dougherty and DJFS assert that the trial court erred in denying their motion to quash because Dougherty was required by R.C. 5101.27 to keep all information about Bonnifield’s Medicaid application confidential. They argue that because Wessell sought to question Dougherty about Bonnifield’s Medicaid application and why it was denied, information that falls squarely within the scope of the statute, he could not give any testimony in this case.

[5]*5Final, Appealable Order

{¶ 9} Initially, this court must determine whether it has jurisdiction to hear this appeal. Appellate courts have jurisdiction to “review and affirm, modify, or reverse judgments or final orders” of lower courts. Section 3(B)(2), Article IV, Ohio Constitution. An order of the trial court is final and appealable only if it meets the requirements of R.C. 2505.02.

{¶ 10} R.C. 2505.02(B)(4) defines a final order as “[a]n order that grants or denies a provisional remedy and to which both of the following apply:”

(a) The order in effect determines the action with respect to the provisional remedy and prevents a judgment in the action in favor of the appealing party with respect to the provisional remedy.
(b) The appealing party would not be afforded a meaningful or effective remedy by an appeal following final judgment as to all proceedings, issues, claims, and parties in the action.

R.C. 2505.02(A)(3) defines a “provisional remedy” to include the discovery of privileged matter, and case law has further defined that term to encompass “confidential” information, such as trade secrets. See Northeast Professional Home Care, Inc. v. Advantage Home Health Servs., Inc., 188 Ohio App.3d 704, 2010-Ohio-1640, 936 N.E.2d 964, at ¶ 32, citing Armstrong v. Marusic, 11th Dist. No. 2001-L-232, 2004-Ohio-2594, 2004 WL 1144377, at ¶ 12. See also Gibson-Myers & Assoc., Inc. v. Pearce (Oct. 27, 1999), 9th Dist. No. 19358, 1999 WL 980562.

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Cite This Page — Counsel Stack

Bluebook (online)
950 N.E.2d 989, 193 Ohio App. 3d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wessell-generations-inc-v-bonnifield-ohioctapp-2011.