Court of Appeals of Ohio, First District, Hamilton
Appeal From: Hamilton County Court of Common Pleas Trial No.
O'Connor Acciani & Levy and Kory A. Veletean, for
Offices of Raymond H. Decker, Jr., and Raymond H. Decker,
Jr., for Defendants-Appellees Isaac Hodge and Jessica Hodge.
Henry Co. L.P.A., Jerome F. Rolfes and Matthew F.X. Craven,
for Defendant-Appellee Nationwide Mutual Fire Insurance
Plaintiff-appellant Jane Moore appeals the decision of the
trial court granting summary judgment to defendants-appellees
Isaac and Jessica Hodge and Nationwide Mutual Fire Insurance
Company and dismissing her complaint based upon the doctrine
of judicial estoppel. The court determined that Moore was
estopped from bringing the claims because she failed to
disclose the claims in her bankruptcy filings. For the
following reasons, we affirm the trial court's judgment.
and Procedural History
On April 25, 2012, Jane Moore filed for Chapter 13
bankruptcy. On July 19, 2012, her plan was confirmed, and her
repayment requirements were set forth. During the pendency of
the bankruptcy, Moore was involved in two car accidents. On
July 13, 2014, Moore was in a car accident with Elias
Tsbouris, and on July 19, 2014, she was in an accident with
On July 18, 2014, Moore filed a motion to retain insurance
proceeds with the bankruptcy court and notified the court of
her receipt of $1, 370 in auto insurance proceeds. She asked
to retain $744.18 to purchase a new car. The motion was
granted. On August 6, 2014, she filed a second motion to
retain insurance proceeds, notifying the court that she had
received $1, 370 as an insurance payout to scrap her damaged
2003 Ford Taurus. She asked to keep $714 to purchase another
vehicle, and the request was granted.
On November 17, 2015, Moore's bankruptcy was discharged.
Her case was finalized on December 10, 2015, and closed on
December 29, 2015.
On July 11, 2016, Moore filed a complaint against Elias
Tsbouris and Julie Eichstadt, the owner of the car Tsbouris
was driving, Jessica Hodge and Isaac Hodge, the owner of the
car Jessica was driving, Nationwide Mutual Fire Insurance
Company, and Humana Insurance Company. Moore raised several
claims related to the car accidents.
Both Nationwide and the Hodges filed motions for summary
judgment alleging that Moore was judicially estopped from
asserting her claims because she did not meet her statutory
duty to disclose the claims related to the accidents to the
bankruptcy court. After the motions were filed, Moore filed a
motion to reopen the bankruptcy case, which was granted.
The trial court granted the motions for summary judgment, and
dismissed Moore's claims with prejudice against
defendants Nationwide and the Hodges. Moore appealed, and
this court dismissed the appeal for a lack of a final
appealable order because the counterclaims remained
unresolved. Subsequently, the parties stipulated that all
remaining claims and counterclaims were dismissed, and the
trial court issued a revised entry granting the motions for
summary judgment. Moore timely appealed asserting that the
trial court erred in granting summary judgment on the basis
of judicial estoppel because the failure to list her claims
on the bankruptcy filings was inadvertent and without a
motive to conceal.