Fender v. Miles

Bressler, Presiding Judge.

{¶ 1} Plaintiffs-appellants, Molly E. Fender and her two daughters, appeal a decision of the Brown County Court of Common Pleas dismissing their complaint against defendant-appellee, Heather L. Miles, because of appellants’ failure to bring their claims as compulsory counterclaims under Civ.R. 13(A) in a previous action between Miles’s insurer and Fender.

{¶ 2} In 2003, Fender’s vehicle collided with Miles’s vehicle on Greenbush West Road in Brown County, Ohio. At the time of the accident, Fender’s two minor daughters, Olivia Fender and Audrey Fetters,1 were riding as…