Ranazzi v. Fire Recovery USA, L.L.C.

Summary

The Sixth District Court of Appeals of Ohio affirmed the Sylvania Municipal Court’s grant of summary judgment to Fire Recovery USA, LLC, concerning an unpaid balance for emergency services provided after a motor vehicle accident. The court held that supporting affidavits from fire department personnel satisfied Ohio Civil Rule 56(E)’s personal-knowledge requirements and that the trial court properly denied the motion to strike. The court also concluded that the evidence established the fire department responded to the accident and performed emergency services, with no genuine issue of material fact.

Holdings

1. The trial court properly granted summary judgment to Fire Recovery USA because the unrefuted evidence established that Pittsfield fire-department personnel responded to the accident and performed emergency services, and Ranazzi presented no evidence of impropriety in the emergency-services cost-recovery effort.
2. The affidavits of Lieutenant Yurkunas and Chief Gleason were not improper because the nature of the facts stated, combined with the identities and roles of the affiants, created a reasonable inference that they possessed personal knowledge of the matters described.
3. The trial court did not abuse its discretion by denying Ranazzi's motion to strike the affidavits.

Questions Presented

1. Whether the trial court erred in granting summary judgment to Fire Recovery USA when Ranazzi did not file a brief in opposition and the evidence showed that fire-department personnel responded and performed emergency services.
2. Whether the affidavits supporting summary judgment complied with Civ.R. 56(E)'s personal-knowledge and admissibility requirements.
3. Whether the trial court abused its discretion by denying Ranazzi's motion to strike the supporting affidavits.

Disposition

affirmed