Petroleum Underground Storage Tank Release Comp. Bd. v. Std. Oil Co.
Case Details
- Judge(s)
- Crawford
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- summary judgment
Related Laws
No specific laws identified for this ruling.
Claim Types
Excerpt
Fraud breach of contract unjust enrichment negligent misrepresentation statutory interpretation settlement negotiations Evid.R. 408 summary judgment Civ.R. 56. Plaintiff alleged numerous causes of action against defendant in connection with payments plaintiff made to defendant to reimburse defendant for the costs of cleaning up pollution. Plaintiff alleges that those costs were covered by defendant's insurance policy and defendant was therefore ineligible to receive reimbursement. Plaintiff asserts that defendant fraudulently represented that it did not have insurance to cover the cleanup costs. Defendant asserted counterclaims for breach of contract and unjust enrichment. Defendant moved for summary judgment on all of plaintiff's claims, and plaintiff moved for summary judgment on defendant's request for attorney's fees. The court granted summary judgment to defendant and denied plaintiff's motion for partial summary judgment. The court found that defendants presented evidence that the cleanup costs at issue were not covered by insurance, and plaintiffs failed to point to any insurance policy that would have covered the costs. In making this determination, the court refused to admit evidence submitted by plaintiff concerning settlement negotiations between defendant and its insurers. The court determined that such evidence was inadmissible under Evid.R. 408. The court determined that genuine issues of material fact existed concerning whether defendant may be eligible for attorney's fees.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Civ.R. 56, hostile work environment, constructive discharge. Plaintiff failed to produce a genuine issue as to any material fact that he was subjected to a hostile work environment based on his race or national origin, or that he was constructively discharged. The alleged hostile actions and commentary made by other employees were not racially based and did not materially disrupt plaintiff's work. As plaintiff's experiences amounted to no more than ordinary tribulations of the workplace, plaintiff's hostile work environment claims failed. For the same reasons, plaintiff failed to sustain his constructive discharge claim. Summary judgment was granted in favor of defendant pursuant to Civ.R. 56.
Civ.R. 56; motion for summary judgment; University of Toledo Athletic Department; athletics; negligent misrepresentation; promissory estoppel; negligence; discretionary immunity. In an action where plaintiff was removed from University of Toledo's women's soccer team, the court found that defendant was entitled to discretionary immunity for the decision to remove plaintiff from the team. Defendant was entitled to summary judgment on plaintiff's claim for negligent misrepresentation because plaintiff failed to demonstrate that defendant supplied false information to plaintiff that the document plaintiff signed was a National Letter of Intent, and therefore, plaintiff failed to satisfy all the elements of the claim. Defendant was also entitled to summary judgment on plaintiff's claim for promissory estoppel because the court found that plaintiff's relationship with University of Toledo was contractual in nature, and therefore, the claim failed as a matter of law. Defendant was further entitled to summary judgment on plaintiff's claim for negligence as the court concluded that plaintiff failed to state a prima facie case for the claim since plaintiff pointed to no facts or supportive law that would allow the court to conclude that a duty of care existed to provide a safe team environment free from abuse, harassment, ridicule, embarrassment, and hostility. Judgment for defendant.
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