Cincinnati Claims Association Newsletter April Cincinnati Claims Association Cincinnati

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					                            Cincinnati Claims Association Newsletter

            April 2008            Cincinnati Claims Association                                                    Cincinnati Claims

                                                                       From The President
                                  Thanks to all who attended the March meeting. We had a great showing at Symmes Tavern. Check out
Special points of interest:       the photos on page 5, you might be in one!

  •    Bring a New Member         Our next, and much anticipated April meeting, is at The Cincinnati Red’s Hall of Fame!! Our
       Night                      Speaker is none other than Lee May. Lee May was signed by the Reds as a free agent on June 1, 1961.
                                  He made it to the major leagues with the Reds in 1965 and played with them until 1971. He was traded
  •    Weekend Get Away           to Houston on November 29, 1971 and continued to play for Houston, then Baltimore and later Kansas
                                  City until 1982. He was elected to the Reds Hall of Fame and inducted in 2006 and is still known
  •    Summer Picnic
                                  affectionately as "The Big Bopper" to Reds fans everywhere. Even though Lee only played 5 full
  •    Golf Outing                seasons with the Reds, he was one of the most popular players of his era and is known as one of the early
                                  members of the "Big Red Machine". Lee now works for the Reds in their speaker’s bureau and talks to
                                  many groups around the tri state about his playing career with the Reds and his other teams.

 Inside this issue:               As announced at the March meeting the Cincinnati Claims Association Inaugural Golf Scramble is
                                  scheduled for Friday, August 8th. Start getting your foursomes together now! The theme this year is in
                                  the spirit of the 2008 Olympics, which also happens to kick off the same day. See the attached flyer for
                                  more details.

         April Activities     2   Don’t forget to “Bring a New Member, get in Free” as well as our Weekend Away for 2!!

                              2   Planning ahead. Plan to be at our May meeting at the Lakeside Lodge in Sharon Woods. This is the
        Door Prize Donors
                                  last meeting before we break for the summer. Also, mark your calendar for the Annual CCA Summer
                                  Picnic at Striker’s Grove, Sunday July 13th. This is a great time for the family, kids, and friends. See
         New Members          2   page 7 for details.

      Future Meetings, Dues   3   Help welcome in spring and the 2008 Baseball season and come on out to the ballpark. Maybe we’ll sing
                                  a rendition of “Take Me Out to the Ballgame”!!
      Summer Picnic, Golf
                                  Laura Hemmerly
          Outing                  President
 Legislative/Constitution/ 4

      Officer & Committees    5

            & Photos
                                                                                       Bring a New Member
   Weekend Getaway Info       6

                                                                              CCA BRING A NEW MEMBER COUPON

                                                                                Bring a new* member and YOU get in free.

                                      We love our vendor’s             New member cannot have been a CCA member in the last 2
                                                                       years and must pay for meeting and yearly dues at the door.
                                                                         Dues are $20.00 for the year and $20.00 for the meeting.
                      Cincinnati Claims Association Newsletter

Cincinnati Claims Association Newsletter                                                                           Page 2

                                                        April Activities

                                              The next meeting is Wednesday, April 9, 2008 at Reds Hall Of Fame
                                                        Come and see the Joe Nuxhall exhibit
                                                                  Guest Speaker: Lee Mays
                                                     The address is 100 Main St. Cincinnati, OH 45202
                                                         Cocktail at 6:00 pm and Dinner at 7:00 pm
                                                                   Cost $25.00 per person
                                  Please call 513-530-0080 x 10 or email to make your reservations.

                                           Door Prize Donors From March Meeting

                                                                Smith, Rolfes & Skavdahl

                                                                Carpet One

                                                                Servpro of SW Ohio


                                                                DMA Housing

                                                                Housing Headquarters

                                                                A-One Cleaners

                                                                Artisan Restoration

                                                                Teasdale Fenton

                                                                Servpro Northwest
        New Members

Kevin Beasley—Cincinnati Insurance

David Lenehan—GAB Robins

Michael Schroeder—Donan Engineering

Linda Brown—Titan Investigative

Julia Tigner—Cincinnati Insurance

David Lickduke—Ohio Casualty
                     Cincinnati Claims Association Newsletter
  Cincinnati Claims Association                                                             Page 3

                                     Future Meetings

May 14, 2008—Lakeside Lodge (Sharon Woods) Guest Speaker: Andrew Fahey—Nice Network
               ** September 10, 2008—Beckett Ridge Country Club (West Chester)
                                           CCA Fest
      October 8, 2008 Lakeside Lodge (Sharon Woods) Guest Speaker: Matthew Smith
                 November 12, 2008— Argosy Guest Speaker: Steve Overbeck
                     Thursday, December 11, 2008—Receptions (Fairfield)
                                    Annual Christmas Party
                                     ** Location Change

                          2008 Dues are Due by May 1, 2008

Jack Farrell is accepting dues for 2008 Memberships to the Cincinnati Claims Association.
Fees are still $20.00 per person and are due by May 1, 2008.
You can bring you dues to the next meeting our mail it to:
Jack Farrell
6829 Springcrest Circle
Cincinnati, OH 45243

We certainly hope all our current Members renew. New Members are always welcome.

                                                  This year’s summer Picnic is :

                                                  Sunday, July 13, 2008

                                                  See attached flyer for more details

                                                  This Golf Outing is:

                                                  Friday, August 8, 2008

                                                  See attached flyers for more details
                        Cincinnati Claims Association Newsletter
                                ON MOTIONS SEEKING PRE-JUDGMENT INTEREST

                                                   By Timothy P. Heather, Esq.
                                                Benjamin, Yocum & Heather, LLC

         In its February 14, 2008 decision in Pruszynski v. Reeves, Slip Opinion No. 2008-Ohio-510, the Ohio Supreme Court
held that a trial court must hold an evidentiary hearing before ruling on a motion for pre-judgment interest in a tort lawsuit, but
stated that the nature of the hearing is left to the discretion of the trial court. The Court further ruled that a court of appeals does
not have authority to rule on a motion for pre-judgment interest when the trial court has ruled on that motion without first
conducting an evidentiary hearing.

        In a 6-1 decision written by Justice Maureen O’Connor, the Court ruled that the requirement of a “hearing”, as mandated
by §1343.03(C) of the Ohio Revised Code, requires that the trial court judge conduct an evidentiary hearing, and that the judge
may not grant or deny a motion for pre-judgment interest without either reviewing timely written pleadings and evidence
submitted by the parties on the specific issue of pre-judgment interest or conducting an oral hearing on that issue.

           At the trial court, Plaintiff, after obtaining a judgment in the amount of $231,540.00, filed a motion for an additional
award of pre-judgment interest calculated from the day of the 2002 accident based on the claim that the Defendant’s insurer had
not made a good faith effort to settle with her before trial. The trial court denied the motion without a hearing. The Eleventh
District Court of Appeals reversed, holding that the trial court abused its discretion in denying pre-judgment interest, and
remanded the case back to the trial court with the directive that the trial court calculate an award of pre-judgment interest to the

         Justice O’Connor wrote that the courts at both the trial and appellate levels had erred. Writing for the Court, she stated:

                  “…At no point….did the trial court set a date certain for the submission of evidentiary materials or an
                  oral evidentiary hearing. The court of appeals, therefore, exceeded the scope of its authority in awarding
                  prejudgment interest to the Pruszynskis when the trial court had not conducted a hearing on that motion.
                  The statute requires an evidentiary hearing, and one was not held. The appellate court therefore should
                  not have circumvented the requirements of R.C. 1343.03(C) and awarded prejudgment interest.”

          The majority opinion was joined by Chief Justice Thomas J. Moyer and Justices Paul E. Pfeifer, Evelyn Lundberg
Stratton, Terrence O’Donnell and Robert R. Cupp. Justice Judith Ann Lanzinger wrote a separate opinion in which she agreed with
the majority’s holding that the appeals court overstepped its authority in awarding pre-judgment interest but dissented from the
holding that the trial court be required to conduct a hearing.
                         Cincinnati Claims Association Newsletter
  Officers & Committees
Laura Hemmerly      867-3216

Vice President
Joe Groh 947-5269

Jon Libbert         530-0080

Kelly Schockman 851-3200

Carmen Sarge        579-0080

Keri Deardorff      851-3200

Christmas Party
Joe Groh 947-5269
Lori Hulley       530-0080

Laura Hemmerly      867-3216

Lori Hulley         530-0080
Patty Schneider     870-2134

Election Committee
Tony Iaciofano    721-5672

Laura Hemmerly      867-3216

Joe Groh 947-5269
Carmen Sarge      579-0080

Financial Secretary
John Graf859-491-5341

Kelly Schockman 851-3200

Benjamin, Yocum & Heather \

Jack Farrell        791-3096

Program Committee
Joe Groh 947-5269

Sergeant at Arms
Ron Diorio          859-491-5341

Lori Hulley         530-0080

Summer Picnic
Patty Schneider     870-2134

Lori Hulley         530-0080
                    Cincinnati Claims Association Newsletter
 Cincinnati Claims Association                                                                             Page 6
                                                    Weekend Away Rules:
                                  1.   You have to be a member and your dues have to be paid. Attend
                                       2 meetings to become eligible to enter.

                                  2.   Once you have met the eligibility requirements, each meeting
                                       you attend thereafter your name will be entered in the drawing.
                                       You will be given 2 automatic entries for the 2 meetings you
                                       would have already attended to become eligible. How many
                                       times your name is entered in the drawing is up to you depend-
                                       ing on how many meetings you attend in 2008.

                                  3.   Drawing will be held at the Annual Christmas Party in December
                                       and you must be registered to attend the meeting to win.

                                               Weekend Away Eligibility List:

February               March                     April     May                September          October      November

Chrissy Dunn           Chrissy Dunn
Dana Luther            Dana Luther
Matthew Smith          Pat Trombetta
Pat Trombetta          Keith Hammersmith
Jim Nolan              Jerry Rolfes
Keith Hammersmith      Jon Lippert
Pat Schomaker          Helen Varela
Jerry Rolfes           Joe Groh
Jon Lippert            Ron DiOrio
Joe Groh               Doug Johnson
Helen Varela           Gerry Sacco
Ron DiOrio             Phyllis York
Charlie Raque          David Lickdyke
Steve Claytor          Bill Brocker
Doug Johnson           Len Rudick
Gerry Sacco            Michael Rudick
Phyllis York           Steve Wilsbacher
David Lickdyke         Dean Manning
Kay Isacson            Paul Metzger
Bill Brocker           Cindy Gallaher
Geni Hatfield          Patty Espel
Dan Smerillo           Patty Schneider
Kerry Autio            Pete Groh
Len Rudick             Stephanie Reising
Michael Rudick         Russell Renaud
                       Julie Tigner
                       Kevin Beasley
                       Michael Schroeder
                       David Lenehan
                       Barbara Fontaine
                       Andy Riegert
                       Mary Ann Reilly
                       Stephanie Osterhage
                       Mary Hosking
                       Ray Feys
                       Kathryn Wood