Robinson v. Yellow Cab Co.

• Decision Date: 26 August 1986
• Docket Number: No. 86AP-307,86AP-307
• Citation: 514 N.E.2d 450,33 Ohio App.3d 72
• Parties: ROBINSON, Appellant, v. YELLOW CAB COMPANY et al., Appellees. *
• Court: Ohio Court of Appeals

Page 72

33 Ohio App.3d 72

514 N.E.2d 450

ROBINSON, Appellant, v. YELLOW CAB COMPANY et al., Appellees. ^*

No. 86AP-307.

Court of Appeals of Ohio, Tenth District, Franklin County.

Aug. 26, 1986.

Syllabus by the Court

A self-insured common carrier is not required to provide uninsured motorist coverage to its passengers. (Unigard Ins. Co. v. Green Cabs [1980], 67 Ohio App.2d 152, 21 O.O.3d 452, 426 N.E.2d 200, overruled, and Grange Mut. Cas. Co. v. Refiners Transport & Terminal Corp. [1986], 21 Ohio St.3d 47, 21 OBR 331, 487 N.E.2d 310, followed; R.C. 3937.18, applied.)

Michael N. Oser and Edward F. Pelteson, Columbus, for appellant.

Rick E. Marsh, Columbus, for appellee American Reinsurance Co. of New York.

Kenneth E. Harris, Columbus, for appellees Yellow Cab Co. et al.

TYACK, Judge.

On November 3, 1979, plaintiff-appellant, Nellie Robinson, was a paying passenger in a taxicab owned by defendants-appellees, Yellow Cab Company and United Transportation, when the cab was struck by a second vehicle which was being operated negligently. The vehicle at fault and its driver were uninsured.

In January 1981, appellant filed an action in the Franklin County Court of Common Pleas against Yellow Cab, United Transportation and American Reinsurance Company of New York, alleging, essentially, a claim for breach of contract, and a claim for declaratory judgment for uninsured motorist coverage for her injuries sustained in the collision.

The action progressed slowly until on January 30, 1986 the defendants filed a "Supplemental Motion for Summary Judgment" relying upon the recently decided case of Grange Mut. Cas. Co. v. Refiners Transport & Terminal Corp. (1986), 21 Ohio St.3d 47, 21 OBR 331, 487 N.E.2d 310. Appellant filed a memorandum contra the supplemental motion, and the trial court granted judgment on March 4, 1986. The trial court's decision, which was journalized that date, merely found that there were "no genuine issues of material fact and that defendant [sic ] is entitled to judgment as a matter of law." This appeal ensued.

Appellant submits two assignments of error:

"1. The court erred in failing to require appellees Yellow Cab Company and United Transportation to provide uninsured motorist coverage pursuant to Revised Code Section 3937.18(A) absent a timely effective rejection.

"2. The court erred in granting summary judgment without the consent of all the parties when the action was already set for trial."

Addressing the second assignment of error first, assuming that the trial court erred, the error was not prejudicial. The facts are basically stipulated; and the ruling in favor of the defendants, if it were to come, might as well come by summary judgment as at the close of opening statements when additional time and effort would have been expended by all involved. The second assignment of error is hereby overruled.

The first assignment of error presents the question of whether or not the recent ruling of the Supreme Court of Ohio in Grange Mut. Cas. Co. v. Refiners Transport & Terminal Corp., supra, is dispositive of Robinson's action. Regretfully, the court feels that it is.

The essence of appellant's action is a declaratory judgment claim alleging that appellees, who admittedly were self-insured, were responsible under R.C. 3937.18 to provide uninsured motorist coverage to appellant. The syllabus of the Grange case provides:

"The uninsured motorist provisions of R.C. 3937.18 do not apply to either self-insurers or financial responsibility bond principals."

The issue precisely addressed in the body of the opinion indicates that that case deals with:

" * * * [W]hether an employer, who meets Ohio's financial responsibility laws other than by purchasing a contract of liability insurance, must comply with the requirements concerning uninsured motorist coverage contained in R.C. 3937.18 relative to employees injured in the course of employment while driving or occupying a vehicle owned by the employer. * * * " Id. at 48, 21 OBR at 332, 487 N.E.2d at 312.

The syllabus, however, goes well beyond the...