Watterson v. Burnard
Ohio Court of Appeals
986 N.E.2d 604 (2013)
- Written by Liz Nakamura, JD
Facts
Barthel Burnard, decedent, injured Brad Watterson (plaintiff) in a car accident in 2008. It was undisputed that Barthel was at fault. Watterson filed a personal-injury suit against Barthel in 2010, but Barthel died while the suit was pending. Prior to her death, Barthel had established and funded a revocable trust. Barthel’s son, Ronald Burnard (defendant), became the successor trustee of the trust upon Barthel’s death. Watterson petitioned to have trust assets made available to satisfy any judgment he might obtain at the conclusion of the personal-injury suit, arguing that the revocable trust’s assets were reachable because he commenced suit against Barthel prior to her death. Ronald countered, arguing that the revocable trust’s assets were inaccessible to Watterson after Barthel’s death. The trial court held that Watterson could not reach the assets in the trust because the personal-injury lawsuit was not concluded prior to Barthel’s death. Watterson appealed.
Rule of Law
Issue
Holding and Reasoning (Osowik, J.)
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