Court Filings

The Ohio Fifth District Court of Appeals reviewed a default-judgment ruling in a bailment case where Mahadev Logistics claimed Columbus Truck & Equipment failed to safeguard and return a 2015 Volvo truck after it was stolen from the repair facility. The trial court found breach and awarded only $1,447.94 for increased repair costs, denying towing, storage, replacement-key, and lost-profit claims. The appellate court affirmed liability but reversed the damages ruling in part, finding insufficient evidence to support the trial court's limited calculation and remanding for a hearing to quantify repair- and towing-related damages while rejecting lost-profit and most storage claims.

The Ninth District Court of Appeals reviewed a summary judgment the Summit County Common Pleas Court granted to defendants Mike and Janine Brustoski against plaintiff Nahas Construction. The trial court deemed Nahas’s responses to requests for admission admitted after Nahas missed the discovery deadline, and then granted summary judgment finding Nahas breached the construction contract and the Brustoskis were justified in withholding final payment. The appeals court affirmed that breach was established by the admitted facts but reversed as to the damages award, finding the Brustoskis failed to present competent evidence of the amount of damages and remanded for a determination of damages.

The court reviewed an appeal by Rialto on Hurstbourne, LLC against US LBM Operating Co. after the trial court granted summary judgment to US LBM and denied Rialto’s motion. The appellate court held that genuine factual disputes exist about whether the ExtremeGreen flooring component breached express warranties of merchantability and fitness for its intended use (based on acoustical testing and expert reports), so summary judgment on those claims was improper. The court affirmed summary judgment for US LBM on Rialto’s design-defect warranty and on indemnity for interparty attorney fees, and remanded the case for further proceedings on the remaining warranty claims.