Mohn v. Ashland Cnty. Chief Med. Exam'r
| Decision Date | 20 May 2015 |
| Docket Number | No. 14–COA–031.,14–COA–031. |
| Citation | 34 N.E.3d 137 |
| Parties | Vicky L. MOHN, Plaintiff–Appellant v. ASHLAND COUNTY CHIEF MEDICAL EXAMINER, et al., Defendant–Appellee. |
| Court | Ohio Court of Appeals |
Christopher Congeni, Daniel J. Rudary, Akron, OH, for Plaintiff–Appellant.
Michael Donatini, Christopher Tunnell, Assistant Prosecuting Attorney, Ashland, OH, for defendant-appellee.
GWIN
, P.J.
{¶ 1} Appellant appeals the October 7, 2014 judgment entry of the Ashland County Court of Common Pleas dismissing appellant's complaint pursuant to Civil Rule 41(B)(2)
.
Facts & Procedural History
{¶ 2} On March 13, 2012, decedent David Mohn died from a gunshot wound
to the head at Mohican State Park. Appellee Ashland County Chief Medical Examiner ruled that the cause of death was a penetrating injury to the skull and brain due to a gunshot wound to the head. Appellee ruled the wound was self-inflicted and the manner of death was suicide. On July 7, 2012, appellant Vicky L. Mohn filed a complaint to correct erroneous cause of death determination pursuant to R.C. 313.19. The complaint asserted that there was no effort to investigate the matter as a homicide, and thus the cause of death determination should be changed to undetermined, accidental, or homicide. Appellee filed an answer to the complaint on August 9, 2013.
{¶ 3} In December of 2013, appellee filed a motion to join Prudential Insurance Company of America (“Prudential”) as a necessary party. Appellant filed a first amended complaint on January 2, 2014, adding Prudential to the complaint and again asked the court to order appellee to remove all reference to suicide contributing or causing decedent's death. Prudential filed a motion to dismiss, stating that they paid all benefits due and owing to appellant under the group life plan as they paid appellant a total of $402,439.49 for decedent's basic life coverage, optional life coverage, and interest, on May 31, 2012. The trial court granted Prudential's motion to dismiss on March 7, 2014.
{¶ 4} The trial court scheduled a bench trial. In her trial brief, appellant argued that there was no substantial evidence to rebut the common law presumption against suicide and that she could satisfy her burden to show, by a preponderance of the evidence, that appellee's verdict was inaccurate. In his trial brief, appellee argued there was sufficient evidence to rebut the presumption against suicide and that appellant was unable to meet her burden to show that appellee's verdict was inaccurate.
{¶ 5} On September 25, 2014, the trial court conducted a bench trial on appellant's complaint. Michael Frank (“Frank”), appellant's father and decedent's father-in-law, testified that he saw decedent several times per month, did not believe there were any marital issues between appellant and decedent, and that he was not aware of any depression or psychiatric issues of decedent. Frank stated that decedent loved guns, primarily rifles, owned approximately 20–30 guns, and collected them for investments, hunting, and target shooting. Frank did not believe that the gun found by decedent's body was decedent's gun because decedent did not own any revolvers. Frank last saw decedent in early February of 2012 and decedent did not appear depressed, did not appear to be anxious or worried, and never told him about any financial concerns. The Wednesday prior to his death, decedent told Frank he purchased hair dye and a hat for St. Patrick's Day. Frank testified that he does not believe decedent committed suicide.
{¶ 6} On cross-examination, Frank testified that he last spoke to decedent approximately a week before his death and does not know whether something might have upset decedent on the day of his death. Frank confirmed that decedent engaged in private sales of guns and had his concealed carry license. Frank stated he would not have known if decedent purchased a gun a week prior to his death. However, when he previously rode in the car with decedent, Frank did not recall seeing a weapon in decedent's car.
{¶ 7} April Carroll (“Carroll”), the supervisory special agent at the ATF Firearms Tracing Center testified that an ATF trace on a gun does not necessarily come back with the name of the current owner of the gun because the firearm can change hands through individual, private sales. Carroll stated that if an ATF trace on a gun does not come back with the name of the current owner, it does not necessarily mean that the gun was illegally acquired. ATF does not maintain a registry of current legal gun owners. Carroll testified that state law or state agencies may have other requirements or databases for gun tracing, but she does not know about these regulations or databases in Ohio.
{¶ 8} Appellant testified that she is not employed and has been married to decedent for thirty-one (31) years. Decedent had an active role in raising her children and they had no marital distress. Appellant testified that she and decedent had owned their home for fifteen years, which was insured for approximately $200,000, and they owned three vehicles that were all paid off. Appellant stated she was aware that decedent had outstanding credit card debt, but she was not overly concerned because they previously had debt and they could have done things to eliminate the debt. Decedent was employed at Sysco Food Services for eighteen years. Appellant testified decedent loved his work, loved his family, and especially enjoyed spending time with his granddaughter. Appellant stated she had never seen a gun like the one found by decedent's body either in the home or in his car.
{¶ 9} On the morning of his death, decedent got up, made coffee, showered, hugged appellant, and told her he would try to come home early because it was going to be a nice day. Appellant testified that decedent did not appear depressed, was not anxious or worried, and there was no discussion with her in the days before his death about any financial issues or his credit card debt. Appellant does not believe that decedent could have committed suicide and testified that the investigation into his death was non-existent.
{¶ 10} On cross-examination, appellant testified that decedent was not retired or semi-retired and that she has not worked full-time since 2004. She testified that she was not aware that decedent took money out of his pension funds, but confirmed that, pursuant to the bank records admitted as exhibits, decedent withdrew approximately $78,000 from his pension from 2010–2012. Appellant stated that beginning four years before his death, decedent took care of all their finances, paid the bills, and balanced the checkbook. Decedent never showed her credit card or bank statements and did not talk about finances with her. At the time of his death, appellant had no idea how much money decedent had in his personal bank account. However, according to the financial documents admitted into evidence, on the date of his death, decedent had approximately $470.00 in all of his accounts, including their joint account.
{¶ 11} With regard to credit cards, appellant agreed that, pursuant to the financial documents admitted into evidence, decedent was only making minimum payments in the last few months of his life on his credit card debt. The financial records show that decedent had the following balances on his personal credit cards: $15,155 on a Discover Card (less than $45 from the credit limit) of which a minimum payment of $304 was due the day before he died; $22,112.24 on a Bank of America credit card (less than $500 from the credit limit); $18,429 on a Citibank credit card (approximately $300 from the credit limit); and $26,215 on a Chase Bank credit card, of which a minimum payment of $1,247 was due on March 18, 2012. Appellant confirmed that on the date of his death, decedent transferred all but $1.99 from his personal account into their joint checking account.
{¶ 12} Appellant testified that decedent had been experiencing declining sales commissions starting in 2008, that the recession affected their finances, and that is why decedent utilized his credit cards. Appellant stated she knew decedent had credit card debt, but did not know how much. Appellant testified that she received a life insurance payment from Prudential in May of 2012 for approximately $400,000.
{¶ 13} Appellant stated that decedent had at least twenty guns and had his carry and conceal permit. Appellant testified that decedent had experience handling guns, knew how to use guns safely, knew it was dangerous to point a loaded gun at himself, and he would never do that. Appellant last saw and spoke with decedent at approximately 8:00 a.m. the morning of his death. Decedent never indicated to her that he thought his life was in danger or that someone was trying to kill him. Appellant acknowledged that decedent was having trouble collecting money from some customers and she believed he was facing some pressure from his employer because of that.
{¶ 14} Appellant testified that decedent wore glasses and a wristwatch when he was awake. Appellant did not remember telling the investigator that decedent carried a gun for safety purposes due to his job involving transporting money, even though the investigator's report indicates she did tell the investigator he carried a gun for safety purposes. Appellant did not know whether decedent had a gun in the car with him on the date of his death.
{¶ 15} On re-direct, appellant testified that decedent was not distressed about the credit card debt and she was not worried about it because they had assets they could sell or mortgage to pay the debts. On re-cross examination, appellant testified that she and decedent never discussed selling the house, guns, jewelry, or vehicles to pay the credit card debts.
{¶ 16} Cassie Imler (“Imler”), a Park Officer with the Ohio Department of Natural Resources for ten years, was the lead investigator in decedent's death....
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