Westfield Ins. Co. v. Porchervina, 2008-L-025 (12-12-2008)

OPINION

{¶ 1} Appellants, Nicholas Simon, by his father and next friend James Simon, and Kristy Simon ("the Simons"), appeal the judgment entered by the Lake County Court of Common Pleas. The trial court granted a motion for summary judgment filed by appellee, Westfield Insurance Company ("Westfield").

{¶ 2} In a separate action, the Simons filed a complaint against Dale, Richard, and Jacklyn Porchervina in the Lake County Court of Common Pleas. The complaint alleged the following facts:

{¶ 3} In 1997, Dale Porchervina had kissed Diane Hirz's daughter, then age two, with an open mouth. In 2000,…