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Koepke v. Metropolitan Property and Casualty Insurance Co.

Court of Appeals of Ohio, Tenth District

June 1, 2017

Katherine Koepke, Plaintiff-Appellant,
v.
Metropolitan Property and Casualty Insurance Company, Defendant-Appellee.

         APPEAL from the Franklin County Court of Common Pleas No. 13CV-10738

         On brief:

          Butler, Cincione & DiCuccio, William A. Davis, and N. Gerald DiCuccio, for appellant.

         Argued:

          William A. Davis.

         On brief:

          Roetzel & Andress, LPA, Bradley L. Snyder, and Andrew S. Good, for appellee.

         Argued:

          Andrew S. Good.

          DECISION

          KLATT, J.

         {¶ 1} Plaintiff-appellant, Katherine Koepke, appeals a judgment of the Franklin County Court of Common Pleas that granted summary judgment to defendant-appellee, Metropolitan Property and Casualty Insurance Company ("Metropolitan"). For the following reasons, we reverse that judgment and remand this case to the trial court.

         {¶ 2} On September 22, 2012, at approximately 2:00 a.m., Koepke attempted to walk across Godown Road at a location approximately 300 to 4oo feet north of the intersection with Bethel Road. No crosswalk existed at the point where Koepke tried to traverse Godown Road.

         {¶ 3} Before crossing the road, Koepke looked both ways and saw no approaching traffic. As she walked across the southbound lane of Godown Road, Koepke saw a vehicle turn left off of Bethel Road into the northbound lane of Godown Road. Koepke adjudged the vehicle as driving too fast for her to safely cross the northbound lane, so she stopped and stood in the middle of Godown Road. In the location where Koepke stopped, yellow paint forms a wedge-shaped area that precedes the left-hand turn lane for traffic traveling south on Godown Road that intends to turn left, or east, onto Bethel Road (hereinafter we will refer to the wedge-shaped area as "the median"). The median is interspersed with wide, yellow diagonal lines and bound on each side by double-yellow lines. Koepke stopped there because, as she later stated, "[c]ars can't drive in yellow lines." (Apr. 28, 2014 Koepke Dep. at 103.)

         {¶ 4} After the vehicle turned onto Godown Road, it swerved to the right, corrected itself, and then swerved in Koepke's direction. Koepke started backing up when she saw the vehicle driving at her, but the vehicle struck Koepke, causing her serious injury. At the time the vehicle hit Koepke, she was still standing in the median. Koepke believes that the front, driver side of the vehicle hit her and the driver-side mirror cut her ...


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