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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 1:06 PM-22CV005935
O0G594 - x9
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
Megan Riley,
Plaintiff,
CASE NO. 22CV5935
Vv.
JUDGE SERROTT
Encompass Home and Auto Insurance
Company, et al.,
Defendants.
ORDER
This matter is before the Court on Plaintiff's Motion to Vacate Dismissal Entry, filed August
29, 2023. The Court has reviewed Plaintiff's motion, finds it well taken and GRANTS Plaintiff's
Motion. The Court’s dismissal entry of August 16, 2023, is hereby VACATED. Notwithstanding, the
Court revisits the issue of venue and for the following reasons finds that venue must be transferred to
Preble County.
At the time of the automobile collision at issue in this case, the primary party to this action
Plaintiff Megan Riley was a resident of Warren County, Ohio. The other primary parties, Defendants
Taylor Daley, Thaddeus Brown, Caila Welch, and Jaylee Perez were all residents of Preble County,
Ohio. Other Defendants in this case include: Encompass Home and Auto Insurance Company, with a
principal place of business in Illinois; Kohls, a corporation licensed in Ohio; and the Ohio Department
of Medicaid, with a principal place of business in Franklin County. Thus, Medicaid is the only
Defendant named in the complaint with contacts in Franklin County.
Civil Rule 3 sets out the guidelines for choosing a proper venue. Specifically, Civil Rule 3(F)
states:
In any action, brought by one or more plaintiffs against one or more defendants
involving one or more claims for relief, the forum shall be deemed a proper forum, and
venue in the forum shall be proper, if the venue is proper as to any one party other than
nominal party, or as to any one claim for relief.
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The Ohio Supreme Court has explained that a “nominal party” is “one whose presence in the
action is either: (1) merely formal; or, (2) unnecessary for a just and proper resolution of the claim.”
State ex rel. Yeaples v. Gall, 141 Ohio St.3d 234, 2014-Ohio-4724, 23 N.E.3d 1077, § 22 (internal
citations omitted). In the Yeaples case, the plaintiff filed suit against an employer and a co-employee.
The plaintiff filed in Cuyahoga County because the co-employee “Cole” resided in Cuyahoga County.
The tort itself and the other defendants had no connection to Cuyahoga County. The Cuyahoga
Common Pleas Court transferred venue to Medina Common Pleas Court as the proper venue ruling
that Cole was merely a nominal party under Civil Rule 3.
The Ohio Supreme Court reviewed the matter and ruled that Cole was in fact a nominal
defendant because the plaintiff's intentional tort claim was against the employer, not Cole. The Court
reasoned that the tort could be adjudicated against the employer without Cole as a defendant. The Court
stated that the plaintiff's allegations related “primarily to the [employer’s] actions and the [employer’s]
liability. Id. at §26. The Court noted that the plaintiff failed to show that Cole’s presence was
“necessary for a just and proper resolution of the claims presented.” Id. The Court emphasized that to
constitute a necessary party for a just and proper resolution, for Civil Rule 3 purposes, the plaintiff
must sufficiently state a claim against a defendant. The Court noted there was no such claim against
Cole. Id. at §27. Therefore, the Supreme Court approved and affirmed the transfer of the case from
Cuyahoga County to Medina County.
The Eleventh Appellate District reach the same result in Smith v. Inland Paperboard &
Packaging Inc., 2008-Ohio-6984, 2008 Ohio App. LEXIS 5805, §41. In the Smith Case, the Court
found that a site supervisor was a nominal party to a plaintiff's personal injury claims because evidence
showed that the supervisor was not at the location at the time of the plaintiffs injury; he had not
participated in training the plaintiff in any fashion; that he had never told any employee to bypass
safety procedure and was unaware that employees occasionally did so. The Court held that the site
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 1:06 PM-22CV005935
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supervisor was a nominal party, and that the action could be reasonably and fairly decided in his
absence. Thus, the case was transferred to a different, more appropriate venue.
In the case at bar, the Ohio Department of Medicaid is a nominal party in this case, as it is
unnecessary for the Defendant to be named for a just and proper resolution for the claims presented.
Similar to State ex. rel. Yeaples, Plaintiff, Megan Riley, failed to state allegations that relate to
Medicaid’s actions or inaction that caused harm to Plaintiff. Medicaid is not connected to the car
accident that Plaintiff's claims arise from. Plaintiff's complaint merely states Medicaid has a
subrogation interest in the outcome of Plaintiff's case. Any interest Medicaid has in this case rests
upon the final result of Plaintiff's claims against the actual tortfeasors in this action. Whether Medicaid
was joined as a defendant in this matter or not, a fair and just resolution of this matter could be had.
Further, as in the Yeaples case, Plaintiff has no claim against Medicaid. Medicaid has a claim against
Plaintiff in contract for subrogation which can be asserted by Medicaid only. Plaintiff has no
independent claim against Medicaid. Plaintiff's personal injury claims can be adjudicated without
Medicaid as a party.
Thus, as Medicaid is merely a nominal party to this action, venue is not proper in Franklin
County!, and this case should be transferred to an appropriate venue: Preble County; where the crash
occurred and where all witnesses and other defendants reside.
Therefore, the Court ORDERS the case to be forwarded and transferred forthwith to Preble
County
IT IS SO ORDERED.
Electronically Signed By:
JUDGE MARK A. SERROTT
1 While the Court’s prior decision regarding forum non conveniens stated that jurisdiction and venue were proper in
Franklin County, upon further review of the facts and the law regarding nominal parties, this Court has come to a
different conclusion.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 1:06 PM-22CV005935
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Franklin County Court of Common Pleas
Date: 10-26-2023
Case Title: MEGAN RILEY -VS- ENCOMPASS HOME AND AUTO
INSURANCE COMPAN ET AL
Case Number: 22CV005935
Type: CHANGE OF VENUE - OUT
It Is So Ordered.
Tinh Ce ee
/s/ Judge Mark A. Serrott
Electronically signed on 2023-Oct-26 page 4 of 4
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 1:06 PM-22CV005935 O0G594 - x9 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO Megan Riley, Plaintiff, CASE NO. 22CV5935 Vv. JUDGE SERROTT Encompass Home and Auto Insurance Company, et al., Defendants. ORDER This matter is before the Court on Plaintiff's Motion to Vacate Dismissal Entry, filed August 29, 2023. The Court has reviewed Plaintiff's motion, finds it well taken and GRANTS Plaintiff's Motion. The Court’s dismissal entry of August 16, 2023, is hereby VACATED. Notwithstanding, the Court revisits the issue of venue and for the following reasons finds that venue must be transferred to Preble County. At the time of the automobile collision at issue in this case, the primary party to this action Plaintiff Megan Riley was a resident of Warren County, Ohio. The other primary parties, Defendants Taylor Daley, Thaddeus Brown, Caila Welch, and Jaylee Perez were all residents of Preble County, Ohio. Other Defendants in this case include: Encompass Home and Auto Insurance Company, with a principal place of business in Illinois; Kohls, a corporation licensed in Ohio; and the Ohio Department of Medicaid, with a principal place of business in Franklin County. Thus, Medicaid is the only Defendant named in the complaint with contacts in Franklin County. Civil Rule 3 sets out the guidelines for choosing a proper venue. Specifically, Civil Rule 3(F) states: In any action, brought by one or more plaintiffs against one or more defendants involving one or more claims for relief, the forum shall be deemed a proper forum, and venue in the forum shall be proper, if the venue is proper as to any one party other than nominal party, or as to any one claim for relief. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 1:06 PM-22CV005935 OG594 - x94 The Ohio Supreme Court has explained that a “nominal party” is “one whose presence in the action is either: (1) merely formal; or, (2) unnecessary for a just and proper resolution of the claim.” State ex rel. Yeaples v. Gall, 141 Ohio St.3d 234, 2014-Ohio-4724, 23 N.E.3d 1077, § 22 (internal citations omitted). In the Yeaples case, the plaintiff filed suit against an employer and a co-employee. The plaintiff filed in Cuyahoga County because the co-employee “Cole” resided in Cuyahoga County. The tort itself and the other defendants had no connection to Cuyahoga County. The Cuyahoga Common Pleas Court transferred venue to Medina Common Pleas Court as the proper venue ruling that Cole was merely a nominal party under Civil Rule 3. The Ohio Supreme Court reviewed the matter and ruled that Cole was in fact a nominal defendant because the plaintiff's intentional tort claim was against the employer, not Cole. The Court reasoned that the tort could be adjudicated against the employer without Cole as a defendant. The Court stated that the plaintiff's allegations related “primarily to the [employer’s] actions and the [employer’s] liability. Id. at §26. The Court noted that the plaintiff failed to show that Cole’s presence was “necessary for a just and proper resolution of the claims presented.” Id. The Court emphasized that to constitute a necessary party for a just and proper resolution, for Civil Rule 3 purposes, the plaintiff must sufficiently state a claim against a defendant. The Court noted there was no such claim against Cole. Id. at §27. Therefore, the Supreme Court approved and affirmed the transfer of the case from Cuyahoga County to Medina County. The Eleventh Appellate District reach the same result in Smith v. Inland Paperboard & Packaging Inc., 2008-Ohio-6984, 2008 Ohio App. LEXIS 5805, §41. In the Smith Case, the Court found that a site supervisor was a nominal party to a plaintiff's personal injury claims because evidence showed that the supervisor was not at the location at the time of the plaintiffs injury; he had not participated in training the plaintiff in any fashion; that he had never told any employee to bypass safety procedure and was unaware that employees occasionally did so. The Court held that the site Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 1:06 PM-22CV005935 0G594 - x9 supervisor was a nominal party, and that the action could be reasonably and fairly decided in his absence. Thus, the case was transferred to a different, more appropriate venue. In the case at bar, the Ohio Department of Medicaid is a nominal party in this case, as it is unnecessary for the Defendant to be named for a just and proper resolution for the claims presented. Similar to State ex. rel. Yeaples, Plaintiff, Megan Riley, failed to state allegations that relate to Medicaid’s actions or inaction that caused harm to Plaintiff. Medicaid is not connected to the car accident that Plaintiff's claims arise from. Plaintiff's complaint merely states Medicaid has a subrogation interest in the outcome of Plaintiff's case. Any interest Medicaid has in this case rests upon the final result of Plaintiff's claims against the actual tortfeasors in this action. Whether Medicaid was joined as a defendant in this matter or not, a fair and just resolution of this matter could be had. Further, as in the Yeaples case, Plaintiff has no claim against Medicaid. Medicaid has a claim against Plaintiff in contract for subrogation which can be asserted by Medicaid only. Plaintiff has no independent claim against Medicaid. Plaintiff's personal injury claims can be adjudicated without Medicaid as a party. Thus, as Medicaid is merely a nominal party to this action, venue is not proper in Franklin County!, and this case should be transferred to an appropriate venue: Preble County; where the crash occurred and where all witnesses and other defendants reside. Therefore, the Court ORDERS the case to be forwarded and transferred forthwith to Preble County IT IS SO ORDERED. Electronically Signed By: JUDGE MARK A. SERROTT 1 While the Court’s prior decision regarding forum non conveniens stated that jurisdiction and venue were proper in Franklin County, upon further review of the facts and the law regarding nominal parties, this Court has come to a different conclusion. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Oct 26 1:06 PM-22CV005935 OG594 - x9 Franklin County Court of Common Pleas Date: 10-26-2023 Case Title: MEGAN RILEY -VS- ENCOMPASS HOME AND AUTO INSURANCE COMPAN ET AL Case Number: 22CV005935 Type: CHANGE OF VENUE - OUT It Is So Ordered. Tinh Ce ee /s/ Judge Mark A. Serrott Electronically signed on 2023-Oct-26 page 4 of 4