Travelers Indem. Co. v. Godfrey, 37868

Decision Date03 April 1967
Docket NumberNo. 37868,37868
Citation41 O.O.2d 166,230 N.E.2d 560,12 Ohio Misc. 143
Parties, 41 O.O.2d 166 The TRAVELERS INDEMNITY CO. v. John T. GODFREY.
CourtOhio Court of Common Pleas

Syllabus by the Court

1. Where one person suffers both personal injury and property damage as a result of the same wrongful act, only a single cause of action arises in favor of such person.

2. A parent's claim for medical expenses which he is obligated to pay for his minor child as a result of the wrongful act

of another constitutes a separate cause of action, independent of such minor's claim for damages for personal injury.

3. A claim for medical expenses as a result of a wrongful act in an automobile accident, may be assigned to an insurance company which has paid such medical expenses under the medical payment provisions of a policy of insurance on a motor vehicle.

4. An insurance company which in compliance with its contract of insurance on a motor vehicle has taken an assignment to a claim for medical expenses incurred on behalf of a minor from the parent of said minor obligated to pay such expenses, may prosecute an independent action for such expenses against a defendant wrongfully causing injury to such minor independent of the minor's action to recover damage for personal injuries.

Smith, Renner, Hanhart & Miller, New Philadelphia, for plaintiff.

Day, Ketterer, Raley, Wright & Rybolt, Canton, for defendant.

LAMNECK, Judge.

On June 21, 1966, the plaintiff instituted this action against the defendant for property damages and medical expenses which it claims it paid growing out of an automobile accident which occurred on January 23, 1964. It claims it had insured a Chevrolet Automobile owned by William A. Smith for property damage and medical expenses of passengers which it became obligated to pay under said contract for property damages to its insured's automobile and for medical expenses for passengers who were injured while riding in said automobile.

The defendant, John T. Godfrey, claimed to have been operating a 1963 Pontiac Coupe Sedan on the day in question, is alleged to have been negligent in the operation of said automobile and that this alleged negligence was the proximate cause of the collision when the automobile which the defendant was driving collided with the automobile of William A. Smith.

In its first cause of action the plaintiff seeks to recover $750.52 which it paid to William A. Smith for property damage to said William A. Smith's automobile.

In its second cause of action it seeks to recover the sum of $52.00 for medical expenses which it paid to said William A. Smith, father of and on behalf of Jennifer Smith, a minor who is alleged to have been riding as a passenger in Smith's automobile at the time of the accident and was injured under the medical payments coverage provision in its policy to said William A. Smith.

In its third cause of action it seeks to recover the sum of $1557.50 for hospital and medical expenses which it paid to Mr. and Mrs. Albert Sciarini, parents of and on behalf of Priscilla M. Sciarini, a minor who is also claimed to have been injured while riding as a passenger in Smith's automobile at the time of the collision, under the medical payments coverage...

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7 cases
  • Barger for Wares v. Cox
    • United States
    • South Dakota Supreme Court
    • August 28, 1985
    ...398, 177 A.2d 58 (1962); Grange v. Town of Yorkshire, 22 A.D.2d 752, 253 N.Y.S.2d 719 (1964); Travelers Indem. Co. v. Godfrey, 12 Ohio Misc. 143, 41 Ohio Op.2d 166, 230 N.E.2d 560 (1967); Wolff v. DuPuis, 233 Or. 317, 378 P.2d 707 (1963); Meisel v. Little, 407 Pa. 546, 180 A.2d 772 (1962); ......
  • Rinehart v. Farm Bureau Mut. Ins. Co. of Idaho, Inc.
    • United States
    • Idaho Supreme Court
    • July 30, 1974
    ...102, 264 N.Y.S.2d 319 (1965); Anderson v. Allstate Insurance Co., 266 N.C. 309, 145 S.E.2d 845 (1966); Travelers Indemnity Co. v. Godfrey, 12 Ohio Misc. 143, 230 N.E.2d 560 (1967); Travelers Insurance Co. v. Lutz, 3 Ohio Misc. 144, 210 N.E.2d 755 (1964); Aetna Casualty and Surety Co. v. Ass......
  • Drayton v. Jiffee Chemical Corporation
    • United States
    • U.S. District Court — Northern District of Ohio
    • June 19, 1975
    ...Ohio St.2d 71, 275 N.E.2d 614. See also Weiand v. City of Akron, 13 Ohio App.2d 73, 233 N.E.2d 880 (1968); Travelers Indemnity Co. v. Gadfrey, 12 Ohio Misc. 143, 230 N.E.2d 560 (1967). Thus, "the general rule is that damages for medical and other expenses necessarily incurred for the treatm......
  • Whitehead v. General Tel. Co.
    • United States
    • Ohio Supreme Court
    • December 17, 1969
    ...(1928), 29 Ohio App. 229, 163 N.E. 508; Bagyi v. Miller (1965), 3 Ohio App.2d 371, 210 N.E.2d 887; Travelers Indemnity Co. v. Godfrey (Com.Pleas 1967), 12 Ohio Misc. 143, 230 N.E.2d 560. See Clark v. Bayer (1877), 32 Ohio St. 299, 30 Am.Rep. 593; Weiand v. Akron (1968), 13 Ohio App.2d 73, 2......
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