Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Villa v. Suchomma

Court of Appeals of Ohio, Sixth District

July 19, 2013

Orchard Villa Appellee
v.
Irene Suchomma Appellant

Trial Court No. CI0201102364

Matthew G. Burg, for appellee.

L. Douglass McCrury, for appellants.

DECISION AND JUDGMENT

SINGER, P.J.

{¶ 1} Appellant, Irene E. Suchomma, appeals a judgment of the Lucas County Court of Common Pleas, which, following a trial to the bench, found her liable for her deceased husband's medical expenses. Because we conclude that the trial court's findings were supported by the evidence, we affirm.

{¶ 2} Both appellant and her late husband, Joseph Suchomma, worked at and retired from the Toledo Jeep assembly plant. Consequently, both had limited, fixed incomes. The Suchommas pooled their incomes in order to pay necessary bills such as the mortgage and utilities.

{¶ 3} In 2007, appellant's husband required knee replacement. This procedure went poorly. Joseph lost his leg to the hip as a result of repeated infections from the knee replacement.

{¶ 4} On June 19, 2009, Joseph signed a contract to recuperate from the amputation at appellee, Orchard Villa, a private long-term care facility. His stay lasted from that day through January 2, 2010. The contract between Joseph Suchomma and appellee contained a private pay provision. This clause provided that appellee could recover from Joseph for any amount due under the contract that was not covered by a third party. Appellant was not a cosigner.

{¶ 5} Joseph utilized Medicare Part A and Medical Mutual insurance to cover the cost of his care in full until Medicare Part A was exhausted. At that time, the cost of his care was partially covered by Medicare Part B and insurance. Joseph was responsible for the remainder under the private pay provision.

{¶ 6} Shortly after his release from appellee's care, appellant's husband was diagnosed with leukemia. Joseph died on April 20, 2010. Appellee then sought to collect the remaining unpaid balance, $20, 692.80, from appellant. When she refused to pay, appellee sued, asserting that appellant was liable for her late husband's debt.

{¶ 7} Following a bench trial, the trial court entered judgment in favor of appellee for the entire disputed amount. From this judgment, appellant appeals.

{¶ 8} Appellant sets forth the following five assignments of error:

I. The trial court's ruling that appellant's husband's inability "to pay for the remaining debt owed" under his contract with appellee by the time he died satisfied the inability to support himself element required to trigger possible liability under Rev. Code § 3103.03 is contrary to law.
II. The trial court's ruling that appellant's supposed "ability to aid in the payment" of appellee's bill satisfied the failure to assist in her husband's support element required to trigger possible liability under ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.