On May 25, 2023 a
Motion-Secondary
was filed
involving a dispute between
and
for OTHER CIVIL
in the District Court of Franklin County.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 12:58 PM-23C 003763
OG454 - AT
IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO
COURAGE Y. SIEBO,
Plaintiff, Case No. 23CV003763
VS. Judge J. Brown
NATIONWIDE INSURANCE COMPANY
OF AMERICA,
Defendant.
NATIONWIDE’S REPLY IN SUPPORT OF MOTION TO DISMISS
Defendant Nationwide Insurance Company of America (“Nationwide”), by and through
undersigned counsel, offers its Reply in Support of its Motion to Dismiss. A memorandum in
support follows below.
Respectfully submitted,
/s/_J. Stephen Teetor
J. Stephen Teetor (0023355)
Matthew S. Teetor (0087009)
TEETOR | WESTFALL
200 E. Campus View Blvd., Ste. 200
Columbus, Ohio 43235
(614) 412-4000
Fax (614) 412-9012
email: steetor@teetorlaw.com
mteetor@teetorlaw.com
Attorneys for Defendant
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 12:58 PM-23C 003763
0G454 - AT
MEMORANDUM
Plaintiff Siebo attempts to contest Defendant Nationwide’s Motion to Dismiss but offers
no further support for the claims in his Complaint. Plaintiff Siebo avers that his “character was
destroyed by Nationwide and their independent investigation company” and because of this he is
“stressed out and depressed.” Even given the liberal pleadings requirements of notice pleading,
and the leeway typically given to pro se litigants, Plaintiffs response does not address any of the
reasons why his Complaint fails to allege plausible claims for relief.
As stated in Defendant Nationwide’s Motion to dismiss, in order to establish a claim for
intentional infliction of emotional distress, a plaintiff must allege and prove the following
elements: (1) the defendant intended to cause, or knew or should have known that his actions
would result in serious emotional distress; (2) the defendant's conduct was so extreme and
outrageous that it went beyond all possible bounds of decency and can be considered completely
intolerable in a civilized community; (3) the defendant's actions proximately caused psychological
injury to the plaintiff; and (4) the plaintiff suffered serious mental anguish of a nature no reasonable
person could be expected to endure. See e.g., Morrow v. Reminger & Reminger Co. LPA, 2009
Ohio 2665, at P45.
Insurance companies are permitted to investigate suspicious claims. Plaintiff's
dissatisfaction that his second Liberian jewelry theft claim in less than a year raised red flags is
not an actionable claim in a court of law. Plaintiff’s assertion that he is stressed and depressed
(Motion to Deny, Conclusion) does not establish that Defendant Nationwide acted with intent or
that having a third party investigate that claim was extreme and outrageous conduct.
Mr. Siebo’s presumed claim for intentional infliction of emotional distress should be
dismissed.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 12:58 PM-23C 003763
OG454 - AT
Similarly, Mr. Siebo’s Motion generally alleges that an independent investigator hired by
Nationwide “told [Mr. Siebo’s] manager in Liberia by the name of Wehyee that [Mr. Siebo is] a
criminal and that [Mr. Siebo] will go to jail.” Mr. Siebo’s motion offers no evidence to support
this bare allegation and, even if it were true, this conduct is not the conduct of Nationwide but the
conduct of an independent investigator.
In Ohio, a private person who brings a defamation claim must plead and prove: (1) a false
and defamatory statement; (2) about the plaintiff, (3) published without privilege to a third party:
(4) with fault or at least negligence on the part of the defendant; and (5) that was either defamatory
per se or caused special harm to the plaintiff. Afartin v. Wegman, 2019 Ohio 2935, at P9.
Here, even if the allegations of Plaintiff's complaint/letter and response are accepted as
completely true and accurate, Plaintiff cannot satisfy the first, third, or fourth elements of a claim
for defamation. Further, Plaintiff’s grievance, if any, pertains to a statement of the independent
investigator. A third party’s statement is not actionable against Nationwide.
Accordingly, Defendant Nationwide respectfully requests that this Honorable Court grant
its Motion to Dismiss
Respectfully submitted,
Is/_J. Stephen Teetor
J. Stephen Teetor (0023355)
Matthew S. Teetor (0087009)
TEETOR | WESTFALL
200 E. Campus View Blvd., Ste. 200
Columbus, Ohio 43235
(614) 412-4000
Fax (614) 412-9012
email: steetor@teetorlaw.com
mteetor@teetorlaw.com
Attorneys for Defendant
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 12:58 PM-23CV003763
OG454 - AT
CERTIFICATE OF SERVICE
Thereby certify that on the 7th day of July, 2023, I electronically filed the foregoing with
the Clerk of Court using the Court’s authorized electronic filing system and a copy of the foregoing
document was served via regular U.S. Mail, postage pre-paid, email, and/or this Court’s electronic
filing system upon the following:
Courage Y. Siebo
2301 Pennsylvania Ave.
Croydon, PA 19021
Plaintiff Pro Se
Is/_J. Stephen Teetor
J. Stephen Teetor (0023355)
Document Filed Date
July 07, 2023
Case Filing Date
May 25, 2023
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 12:58 PM-23C 003763 OG454 - AT IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO COURAGE Y. SIEBO, Plaintiff, Case No. 23CV003763 VS. Judge J. Brown NATIONWIDE INSURANCE COMPANY OF AMERICA, Defendant. NATIONWIDE’S REPLY IN SUPPORT OF MOTION TO DISMISS Defendant Nationwide Insurance Company of America (“Nationwide”), by and through undersigned counsel, offers its Reply in Support of its Motion to Dismiss. A memorandum in support follows below. Respectfully submitted, /s/_J. Stephen Teetor J. Stephen Teetor (0023355) Matthew S. Teetor (0087009) TEETOR | WESTFALL 200 E. Campus View Blvd., Ste. 200 Columbus, Ohio 43235 (614) 412-4000 Fax (614) 412-9012 email: steetor@teetorlaw.com mteetor@teetorlaw.com Attorneys for Defendant Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 12:58 PM-23C 003763 0G454 - AT MEMORANDUM Plaintiff Siebo attempts to contest Defendant Nationwide’s Motion to Dismiss but offers no further support for the claims in his Complaint. Plaintiff Siebo avers that his “character was destroyed by Nationwide and their independent investigation company” and because of this he is “stressed out and depressed.” Even given the liberal pleadings requirements of notice pleading, and the leeway typically given to pro se litigants, Plaintiffs response does not address any of the reasons why his Complaint fails to allege plausible claims for relief. As stated in Defendant Nationwide’s Motion to dismiss, in order to establish a claim for intentional infliction of emotional distress, a plaintiff must allege and prove the following elements: (1) the defendant intended to cause, or knew or should have known that his actions would result in serious emotional distress; (2) the defendant's conduct was so extreme and outrageous that it went beyond all possible bounds of decency and can be considered completely intolerable in a civilized community; (3) the defendant's actions proximately caused psychological injury to the plaintiff; and (4) the plaintiff suffered serious mental anguish of a nature no reasonable person could be expected to endure. See e.g., Morrow v. Reminger & Reminger Co. LPA, 2009 Ohio 2665, at P45. Insurance companies are permitted to investigate suspicious claims. Plaintiff's dissatisfaction that his second Liberian jewelry theft claim in less than a year raised red flags is not an actionable claim in a court of law. Plaintiff’s assertion that he is stressed and depressed (Motion to Deny, Conclusion) does not establish that Defendant Nationwide acted with intent or that having a third party investigate that claim was extreme and outrageous conduct. Mr. Siebo’s presumed claim for intentional infliction of emotional distress should be dismissed. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 12:58 PM-23C 003763 OG454 - AT Similarly, Mr. Siebo’s Motion generally alleges that an independent investigator hired by Nationwide “told [Mr. Siebo’s] manager in Liberia by the name of Wehyee that [Mr. Siebo is] a criminal and that [Mr. Siebo] will go to jail.” Mr. Siebo’s motion offers no evidence to support this bare allegation and, even if it were true, this conduct is not the conduct of Nationwide but the conduct of an independent investigator. In Ohio, a private person who brings a defamation claim must plead and prove: (1) a false and defamatory statement; (2) about the plaintiff, (3) published without privilege to a third party: (4) with fault or at least negligence on the part of the defendant; and (5) that was either defamatory per se or caused special harm to the plaintiff. Afartin v. Wegman, 2019 Ohio 2935, at P9. Here, even if the allegations of Plaintiff's complaint/letter and response are accepted as completely true and accurate, Plaintiff cannot satisfy the first, third, or fourth elements of a claim for defamation. Further, Plaintiff’s grievance, if any, pertains to a statement of the independent investigator. A third party’s statement is not actionable against Nationwide. Accordingly, Defendant Nationwide respectfully requests that this Honorable Court grant its Motion to Dismiss Respectfully submitted, Is/_J. Stephen Teetor J. Stephen Teetor (0023355) Matthew S. Teetor (0087009) TEETOR | WESTFALL 200 E. Campus View Blvd., Ste. 200 Columbus, Ohio 43235 (614) 412-4000 Fax (614) 412-9012 email: steetor@teetorlaw.com mteetor@teetorlaw.com Attorneys for Defendant Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Jul 07 12:58 PM-23CV003763 OG454 - AT CERTIFICATE OF SERVICE Thereby certify that on the 7th day of July, 2023, I electronically filed the foregoing with the Clerk of Court using the Court’s authorized electronic filing system and a copy of the foregoing document was served via regular U.S. Mail, postage pre-paid, email, and/or this Court’s electronic filing system upon the following: Courage Y. Siebo 2301 Pennsylvania Ave. Croydon, PA 19021 Plaintiff Pro Se Is/_J. Stephen Teetor J. Stephen Teetor (0023355)