Chavis v. Tanner

State: Ohio

Docket No: 2001-Ohio-2615

Case Date: 11/07/2001

Plaintiff: Chavis

Defendant: Tanner

Preview:IN THE COURT OF APPEALS OF OHIO
FOURTH APPELLATE DISTRICT
ROSS COUNTY

JEFFREY W. CHAVIS, : Case No. 01CA2597

:

:

Plaintiff-Appellant, : DECISION AND

: JUDGMENT ENTRY
vs. :

:

: Released 11/7/01

MARK W. TANNER, ET AL., :
:
Defendants-Appellees. :
:

APPEARANCES:
Thomas M. Spetnagel, Chillicothe, Ohio, for Appellant.
David A. Herd, Columbus, Ohio, for Appellee, Erie Insurance.
Harsha, J.
This matter is before us for the second time on a
grant of summary judgment in favor of appellee, Erie
Insurance Company (Erie).
In April of 1996, appellant Jeffrey W. Chavis suffered
injuries when a vehicle operated by Mark Tanner struck his
motorcycle. At the time of the accident, Mark Tanner was
delivering pizzas for W & W Pizza, Inc., d.b.a. Godfather's
Pizza ("Godfather's"). Appellant filed a complaint against

Mark Tanner, appellee Erie Insurance Company and John Doe.
Erie provides automobile insurance to appellant's mother,
Cora G. Holderbaum; appellant claimed that he was entitled

to uninsured/underinsured motorist coverage under his

mother's policy. John Doe was named in the complaint as the
unknown employer of Mark Tanner. Subsequently, appellant
amended his complaint to name Godfather's as the previously
unknown John Doe. At the time of the accident, St. Paul
Fire & Marine Insurance Co. insured Godfather's.

The trial court granted Godfather

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