[Cite as Catterson v. Ohio State Univ. Bd. of Trustees, 2011-Ohio-4850.]

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us

ANNAMAE B. CATTERSON, et al. 

 Plaintiffs 

 v. 

THE OHIO STATE UNIVERSITY BOARD OF TRUSTEES 

 Defendant Case No. 2010-02863 

Judge Alan C. Travis 

ENTRY GRANTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

{¶1} On June 10, 2011, plaintiffs filed a motion for partial summary judgment 

pursuant to Civ.R. 56(A). On July 19, 2011, defendant filed a response.1 The motion is 

now before the court for a non-oral hearing pursuant to L.C.C.R. 4(D). 

{¶2} Civ.R. 56(C) states, in part, as follows: 

{¶3} “Summary judgment shall be rendered forthwith if the pleadings, 

depositions, answers to interrogatories, written admissions, affidavits, transcripts of 

evidence, and written stipulations of fact, if any, timely filed in the action, show that 

there is no genuine issue as to any material fact and that the moving party is entitled to 

judgment as a matter of law. No evidence or stipulation may be considered except as 

stated in this rule. A summary judgment shall not be rendered unless it appears from 

the evidence or stipulation, and only from the evidence or stipulation, that reasonable 

minds can come to but one conclusion and that conclusion is adverse to the party 

against whom the motion for summary judgment is made, that party being entitled to 

have the evidence or stipulation construed most strongly in the party’s favor.” See also 

 

1

In its response, defendant states that it has nothing to present to the court on the issue of liability. 
Case No. 2010-02863 - 2 - ENTRY

Gilbert v. Summit County, 104 Ohio St.3d 660, 2004-Ohio-7108, citing Temple v. Wean 

United, Inc. (1977), 50 Ohio St.2d 317. 

{¶4} On February 27, 2008, plaintiff2 sustained personal injury when the vehicle 

she was driving was struck by a truck driven by Thomas Reeb, an employee of 

defendant’s veterinary hospital. Plaintiff and her husband, Melvin Catterson, assert that 

they are entitled to judgment as a matter of law on the issue of liability on their claims of 

both negligence and loss of consortium. 

{¶5} In support of their motion, plaintiffs filed the deposition of Thomas Reeb, 

wherein Reeb states that on the day of the accident, he was driving a truck during the 

course and scope of his employment at The Ohio State University Veterinary Teaching 

Hospital; that he was headed southbound on Ostrander Road near its intersection with 

U.S. Route 36; that Ostrander Road was controlled by stop signs at the intersection for 

both northbound and southbound traffic; that U.S. Route 36 had no stop signs for either 

eastbound or westbound traffic; and that he was attempting to turn left onto U.S. Route 

36 eastbound when he collided with plaintiff’s vehicle. 

{¶6} Plaintiff also filed an affidavit wherein she avers that she and her husband 

were married and living together at the time of the accident. 

{¶7} Construing the evidence most strongly in defendant’s favor, the court finds 

that the only reasonable conclusion to be drawn is that plaintiff had the right-of-way at 

the intersection, that Reeb failed to yield to plaintiff’s vehicle, that plaintiff sustained 

personal injury as a result of the accident, and that Reeb was acting in the course and 

scope of his employment with defendant when the accident occurred. In addition, 

plaintiffs have established that they were married at the time of the accident. Therefore, 

the court finds that there is no genuine issue as to any material fact and that plaintiffs 

are entitled to judgment as a matter of law on the issue of liability as to their claims of 

 

2

“Plaintiff” shall be used to refer to Annamae Catterson throughout this decision. 
Case No. 2010-02863 - 3 - ENTRY

both negligence and loss of consortium. Accordingly, plaintiffs’ motion for partial 

summary judgment is GRANTED and judgment is rendered in favor of plaintiffs on the 

issue of liability. 

 _____________________________________ 

 ALAN C. TRAVIS 

 Judge 

cc: 

 

Christopher P. Conomy 

Assistant Attorney General 

150 East Gay Street, 18th Floor 

Columbus, Ohio 43215-3130 

James E. Arnold 

115 West Main Street, 4th Floor 

Columbus, Ohio 43215 

Scott W. Schiff 

88 West Main Street 

Columbus, Ohio 43215 

HTS/dms

Filed August 10, 2011 

To S.C. reporter September 22, 2011