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Williams v. State Farm Fire & Casualty Co.

Court of Appeals of Ohio, Tenth District

January 9, 2018

Karen Williams, Plaintiff-Appellant,
v.
State Farm Fire & Casualty Company, Defendant-Appellee.

         APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 16CV-2774

         On brief:

          Karen Williams, pro se., Gallagher, Gams, Pryor, Tallan & Littrell L.L.P., and Mark H. Gams, for appellee.

         Argued:

          Karen Williams, Mark H. Gams.

          DECISION

          BRUNNER, J.

         {¶ 1} Plaintiff-appellant, Karen Williams, appeals from a judgment of the Franklin County Court of Common Pleas entered on June 15, 2017, following a trial by a jury that reached a verdict in favor of defendant-appellee, State Farm Fire & Casualty Company ("State Farm"). She also appeals the trial court's entry of July 18, 2017 denying her motion for a new trial. Because each of the assigned errors Williams raises cannot be appropriately reviewed without a transcript and because Williams did not obtain a trial transcript, we overrule her assignments of error and affirm the judgments of the trial court.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         {¶ 2} On March 20, 2016, Williams filed a complaint in the Franklin County Court of Common Pleas alleging that she had suffered a loss at her business as a result of a fire. (Mar. 20, 2016 Compl. at ¶ 6.) Williams alleged that State Farm should not have denied her claim on the conclusion that the fire was not accidental and that Williams had breached her policy contract. Id. in passim; Mar. 8, 2016 Denial Letter, Ex. D to Compl. The pleadings before the trial court show that State Farm admitted that it had insured Williams' commercial property, that the property had suffered a fire, and that it had sent a letter (attached to Williams' complaint as Exhibit D) in which it voided the policy. (May 12, 2016 Answer at ¶ 1, 3-4, 8.)

         {¶ 3} Before trial, the parties further stipulated to a number of basic facts:

1. The parties entered into a contract, State Farm Insurance Policy No. 95-QJ-8743-3, and said policy was valid and in effect at the time of loss on March 28, 2015.
2.The policy provided coverage for commercial real estate and contents and contained a provision for suspension of income.
3. Plaintiff suffered a loss to her property due to a fire that occurred ...

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