FED. INS. CO. v. EXECUTIVE COACH LUXURY TRAVEL, INC.

No. 2009-2307.

128 Ohio St.3d 331 (2010)

2010-Ohio-6300

FEDERAL INSURANCE COMPANY, Appellee, v. EXECUTIVE COACH LUXURY TRAVEL, INC., Appellee; BETTS, ADMR., ET AL., Appellants. AMERICAN ALTERNATIVE INSURANCE CORPORATION, Appellee, v. EXECUTIVE COACH LUXURY TRAVEL, INC., Appellee; BETTS, ADMR., ET AL., Appellants.

Supreme Court of Ohio.

Decided December 28, 2010.


Attorney(s) appearing for the Case

Gallagher Sharp , D. John Travis , and Gary L. Nicholson , for appellee Federal Insurance Company.

Crabbe, Brown & James, Steven B. Ayers , and Robert C. Buchbinder ; and Bates & Carey, L.L.P., and Daniel I. Graham Jr. , for appellee American Alternative Insurance Corporation.

Cubbon & Associates Co., L.P.A., and James E. Yavorcik , for appellant Timothy E. Berta.

Connelly, Jackson & Collier, L.L.P., Steven R. Smith , Steven P. Collier , Janine T. Avila , and Adam S. Nightingale , for appellant Feroen J. Betts.

Transportation Injury Law Group, P.L.L.C., and Douglas Desjardins , for appellant Geneva Williams.

Dyer, Garofalo, Mann & Schultz and John Smalley , for appellants Kim Askins and Jeffrey E. Holp.

Robison, Curphey & O'Connell and David W. Stuckey , for appellant Caroline Arend.


PFEIFER, J.

{¶ 1} In March 2007, the Bluffton University ("Bluffton") baseball team was scheduled to play multiple games in Sarasota, Florida. James Grandey Jr., Bluffton's head baseball coach, had contracted with Executive Coach Luxury Travel, Inc. ("Executive") to transport the players and coaches to Florida. Jerome Niemeyer, an Executive employee, was a driver. While driving, he apparently mistook an exit ramp for another lane on...

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