McIntyre v. Landscape Mgt. & Design, Inc.

[Cite as McIntyre v. Landscape Mgt. & Design, Inc., 2026-Ohio-1560.]


                               COURT OF APPEALS OF OHIO

                              EIGHTH APPELLATE DISTRICT
                                 COUNTY OF CUYAHOGA

STEDSON MCINTYRE,                                     :

                Plaintiff-Appellant,                  :
                                                                       No. 115539
                v.                                    :

LANDSCAPE MANAGEMENT &
DESIGN, INC.,                                         :

                Defendant-Appellee.                   :


                               JOURNAL ENTRY AND OPINION

                JUDGMENT: AFFIRMED
                RELEASED AND JOURNALIZED: April 30, 2026


                      Civil Appeal from the Lyndhurst Municipal Court
                                    Case No. CVI2503855


                                           Appearances:

                Stedson McIntyre, pro se.

                Robert Edelstein, for appellee.


TIMOTHY W. CLARY, J.:

                  Plaintiff-appellant Stedson McIntyre (“McIntyre”) appeals from the

Lyndhurst Municipal Court’s September 3, 2025 order that dismissed his complaint

with prejudice and entered judgment in favor of defendant-appellee Landscape
Management & Design, Inc. (“Landscape Management”). For the following reasons,

we affirm.

Factual and Procedural History

               Pursuant to a snowplowing contract executed between McIntyre and

Landscape Management on September 25, 2024, Landscape Management agreed to

plow McIntyre’s residential driveway for the 2024-2025 winter season.

               Relevant to this case, six lights were positioned along the north and

south edges of McIntyre’s driveway, with 12 lights in total; a video camera was

mounted on the garage that recorded activities on the driveway. On February 16,

2025, Landscape Management’s driver plowed McIntyre’s driveway and allegedly

struck and damaged five of the lights located on the north side of the driveway.

McIntyre testified that he found the broken lights scattered on his lawn. On

February 27, 2025, McIntyre sent a copy of a video recording to Landscape

Management’s owner that allegedly showed the company’s driver damaging the

driveway lights; the parties did not resolve the issue.

               On March 17, 2025, McIntyre filed a small claims complaint with the

Lyndhurst Municipal Court seeking judgment in the amount of $650, plus interest

and costs. A magistrate conducted a hearing on the complaint on May 22, 2025.

McIntyre represented himself, and counsel appeared on Landscape Management’s

behalf.

               McIntyre testified consistently with the above facts. He also testified

that he contacted Landscape Management by text message and notified the
company about the damaged lights, but he received no response, and McIntyre

approached the snowplow driver who denied causing the damage.

               McIntyre introduced pictures depicting all 12 lights intact. He also

introduced an undated picture portraying lights only on the south side of the

driveway. Using his cell phone, McIntyre played the February 16, 2025 video

recording depicting the snowplow driver clearing the snow from the driveway.1 The

video recording shows all 12 lights intact before the snowplow cleared the driveway.

The truck drives up and down the driveway several times to clear all the snow; the

driver never travels off the driveway. After the driveway is cleared, five of the lights

on the north side of the driveway appear to have been covered in snow that was

displaced when the snowplow cleared the driveway. The video does not show

broken lights scattered on the lawn.

               The owner of Landscape Management testified that McIntyre did not

provide him with “definite proof” that his driver damaged the lights and he was

never shown the broken lights. Landscape Management introduced a picture of

McIntyre’s text message asking for $76 plus shipping to replace his damaged

driveway lights, and the company’s reply text that requested a better-quality video,

a picture that clearly depicted the damage, and a purchase receipt for the lights. The

parties stipulated that the price of the replacement lights was $54 for a package of

four lights.




       1 The video recording was played at the hearing but not admitted into evidence.
                  After watching the video, the magistrate engaged in the following

exchange with McIntyre:

          COURT: Well, there’s a light that’s upright by the pole, right there.

          MCINTYRE: Yes, we’re represented.

          COURT: That one’s still there.

          MCINTYRE: That one’s definitely still there.

          COURT: So five are down or covered in snow. Knocked down. . . .

Tr. 13.

                  Following the hearing, the magistrate issued the following decision:

          Plaintiff presented testimony and admitted Plaintiff’s Exhibits 1-3.
          Defendant presented testimony and admitted Defendant’s Exhibit F.

          After careful review of the testimony presented and evidence, the Court
          enters judgment in favor [of] Defendant and hereby dismisses
          Plaintiff’s Complaint with prejudice, at Plaintiff’s costs.

May 27, 2025 Judgment entry. At McIntyre’s request, the magistrate issued findings

of fact and conclusions of law on June 10, 2025, that stated, in relevant part:

          FINDINGS OF FACT

          [McIntyre]’s Complaint states that six light posts were damaged by
          [Landscape Management]. During testimony, [McIntyre] testified that
          only five light posts were damaged. [McIntyre] did not provide any
          photographic evidence of the damage to the lights. . . .

          The [garage] video that was offered by [McIntyre] and viewed by the
          Court and [Landscape Management] clearly depicted a truck,
          stipulated to belong to [Landscape Management], plowing the snow
          from [McIntyre]’s driveway. The video does not show [Landscape
          Management] veering off the normal path of the driveway or any
          portion of the [Landscape Management]’s vehicle making contact with
          any of the lights or driveway stakes. [Landscape Management]’s
      vehicle and plow remained within the edges of the driveway as marked
      by the driveway stakes. However, when the truck completed plowing
      the driveway, only one of the six driveway light posts on the left
      remained visible. The Court find that the others were covered by snow,
      as they would be in the normal course of plowing snow from a driveway.

      CONCLUSIONS OF LAW

      [McIntyre]’s claim for relief is based on damage to his personal
      property as a result of what is alleged to be the negligence of
      [Landscape Management]. It is well settled law in Ohio that the
      elements of an ordinary negligence suit are (1) existence of a legal duty,
      (2) the defendant’s breach of that duty, and (3) injury that is the
      proximate cause of the defendant’s breach. Wallace v. Ohio DOC,
      (2002) 96 Ohio St.3d 266. The duty to perform contracted services in
      a workmanlike manner is implied by law. Barton v. Ellis (1986), 34
      Ohio App.3d 251, 518 N.E.2d 18. In order to prevail, [McIntyre] must
      establish that Landscape Management breached its duty to use
      ordinary care when performing the snow plowing services. Velotta v.
      Leo Petronzio Landscaping, Inc. (1982), 69 Ohio St.2d 376. In the
      instant matter, the Court finds there was no negligence, as [Landscape
      Management] used ordinary care when plowing [McIntyre]’s driveway.

Magistrate’s decision, June 10, 2025.

              McIntyre filed objections to the magistrate’s decision. On August 6,

2025, the municipal judge overruled the objections; on the same date, the court

adopted the magistrate’s decision, dismissed McIntyre’s complaint with prejudice,

and entered judgment in favor of Landscape Management.

              On September 8, 2025, McIntyre filed a notice of appeal, and he now

presents two assignments of error. On September 29, 2025, McIntyre filed with

this court a motion to supplement the record with a copy of the video recording

obtained from his garage camera that was shown at the Lyndhurst Municipal Court
hearing and was referenced in the magistrate’s decision. On October 27, 2025, this

court granted McIntyre’s motion, in part:

      A review of the transcript indicates that the video was shown at the
      hearing and no objection was made. Additionally, the video was
      referenced in the magistrate’s decision. Therefore, the video was
      considered in determining the judgment. The Ohio Rules of Evidence
      do not apply to proceedings in a small claims court and “the
      judges/magistrates in small claims courts are afforded more discretion
      in their use and acceptance of the evidence presented in an action
      before them” Dinucci v. Lis, 2005-Ohio-6730, P5 (8th Dist.), citing
      Jones v. Cynet, Inc., 2002-Ohio 2617 (8th Dist.). However, only that
      portion of the video shown to the trial court may be supplemented to
      the record.

Oct. 27, 2025 Judgment entry. McIntyre subsequently filed a copy of the video

recording.

Legal Analysis

              Initially, we note that McIntyre acted pro se before the municipal

court and represents himself pro se on appeal. This court has previously recognized

      a pro se litigant may face certain difficulties when choosing to represent
      oneself. Although a pro se litigant may be afforded reasonable latitude,
      there are limits to a court’s leniency. Henderson v. Henderson, 2013-
      Ohio-2820, ¶ 22 (11th Dist.). Pro se litigants are presumed to have
      knowledge of the law and legal procedures, and are held to the same
      standard as litigants who are represented by counsel. In re Application
      of Black Fork Wind Energy, L.L.C., 2013-Ohio-5478, ¶ 22.

Saeed v. Greater Cleveland Regional Transit Auth., 2017-Ohio-935, ¶ 7 (8th Dist.).

Thus, we presume McIntyre had knowledge of the law, legal procedures, and

appellate process regarding his burden of demonstrating error on appeal.

              In his first assignment of error, McIntyre argues that the municipal

court misapplied the law when it determined Landscape Management did not
breach its duty of care. He argues that the municipal court abused its discretion

when it denied him access to the court’s Wi-Fi system and, accordingly, prevented

him from playing the full video recording that allegedly showed Landscape

Management’s driver destroying the driveway lights. McIntyre further argues that

the municipal court abused its discretion when it allegedly instructed the court

bailiff to pause the recording device during the hearing and then asked McIntyre

whether he destroyed his own lights and sought payment from Landscape

Management for their replacement. In his second assignment of error, McIntyre

argues that the court’s judgment was against the manifest weight of the evidence.

He also contends that the municipal court abused its discretion when it stated the

February 16, 2025 video recording was obtained from his doorbell recording device,

rather than his garage recording device.        McIntyre also argues Landscaping

Management admitted liability when it engaged in settlement negotiations. For ease

of discussion, we will address the assigned errors collectively.

               “[I]n a civil appeal from a bench trial, we apply a manifest weight

standard of review, guided by a presumption that the trial court’s findings are

correct.” 3637 Green Rd. Co. v. Specialized Component Sales Co., 2016-Ohio-5324,

¶ 19 (8th Dist.), citing Seasons Coal v. Cleveland, 10 Ohio St.3d 77, 79-80 (1984).

“This includes judgments rendered in small claims court.” Szaraz v. Automotive

Specialties, Inc., 2016-Ohio-5232, ¶ 11 (8th Dist.), citing Stull v. Budget Interior,

2002-Ohio-5230, ¶ 18 (7th Dist.). “‘Following a bench trial, a reviewing court will

generally uphold a trial court’s judgment as long as the manifest weight of the
evidence supports it — that is, as long as “some” competent and credible evidence

supports it.’” Patel v. Strategic Group, L.L.C., 2020-Ohio-4990, ¶ 20 (8th Dist.),

quoting MRI Software, L.L.C. v. W. Oaks Mall FL, L.L.C., 2018-Ohio-2190, ¶ 12 (8th

Dist.).

          Where, however, the trial court’s decision is based upon a question of
          law, we review the trial court’s determination of that issue de novo. See,
          e.g., Taylor Bldg. Corp. of Am. v. Benfield, 2008-Ohio-938, ¶ 34
          (“Courts review questions of law de novo.”). “A finding of an error of
          law is a legitimate ground for reversal, but a difference of opinion on
          credibility of witnesses and evidence is not.” Seasons Coal at 81.

3637 Green Rd. Co. at ¶ 19.

                  To succeed on a claim for negligence, a plaintiff must prove that “(1)

the defendant owed a duty of care to the plaintiff; (2) the defendant breached that

duty; and (3) the breach of duty proximately caused the plaintiff's injury.” Bailey v.

River Properties, 2006-Ohio-3846, ¶ 9 (8th Dist.), citing Texler v. D.O. Summers

Cleaners & Shirt Laundry Co., 81 Ohio St.3d 677, 680 (1998). See Wallace v. Ohio

DOC, 2002-Ohio-4210, ¶ 22.

                  The parties did not dispute that Landscape Management had a duty

to perform the snowplowing services in a workmanlike manner. Barton v. Ellis, 34

Ohio App.3d 251, 252 (10th Dist. 1986).             The issue was whether Landscape

Management breached its duty. The municipal court found that the evidence and

testimony demonstrated there was no breach of duty because Landscape

Management used ordinary care when it performed its snowplowing duties, and we

agree.
               After hearing the testimony and reviewing the evidence, the

municipal court found the reasonable and credible interpretation was that (1) the

snowplow driver never veered off the path of the driveway and (2) following the

completion of the snow-plowing activities, five of the lights on the north side of the

driveway were obscured by the snow displaced by the snowplow truck. Further, the

video recording depicted the events of February 16, 2025, as described by the

municipal court. Reviewing under a manifest-weight standard, we find there is

competent, credible evidence to support the municipal court’s judgment.

               A court speaks through its journal entries.          The magistrate’s

statement during the hearing that the northern driveway lights were covered in

snow or knocked down was not a determination that Landscape Management

breached its duty of care and damaged the lights, but a statement of the court’s

observations. The magistrate’s decision, which was adopted by the court, was issued

on June 10, 2025, and clearly stated that the magistrate determined the lights were

obscured by snow.

               McIntyre questions the municipal court’s failure to facilitate the

viewing of his video recording via the court’s Wi-Fi system. The record shows that

the magistrate was unfamiliar with how to access the court’s Wi-Fi system, but,

alternatively, allowed McIntyre to play his video recording on his phone. Nothing

in the transcript indicates that the court limited McIntyre’s presentation of the video

recording or that McIntyre objected to the court’s actions. Lastly, the municipal

court’s describing the video as being secured from McIntyre’s doorbell recording
device rather than his garage recording device was irrelevant, inconsequential, and

was not an abuse of discretion.

                 McIntyre contends in his reply brief that Landscape Management

breached its contract when it damaged his driveway lights, but “a party may not

advance new arguments in its reply brief.” Naiman Family Partners, L.P. v. Saylor,

2020-Ohio-4987, ¶ 25 (8th Dist.), citing In re Fuel Adjustment Clauses for

Columbus S. Power Co., 2014-Ohio-3764, ¶ 39, and Clifton Care Ctr. v. Ohio Dept.

of Job & Family Servs., 2013-Ohio-2742, ¶ 13 (10th Dist.). Further, McIntyre’s

argument that the municipal court abused its discretion when it made statements to

him outside the record needed to be presented to this court through an App.R. 9(C)

statement, and absent such a statement we will not consider the argument.

McIntyre also argues that Landscape Management admitted to liability when it

attempted to negotiate a settlement.        However, parties are prohibited from

introducing evidence of settlement negotiations to prove liability. See Evid.R. 408;

Werts v. Goodyear Tire & Rubber Co., 2009-Ohio-2581, ¶ 40 (8th Dist.). (“Under

Ohio Evid.R. 408, admission of evidence of settlements or settlement negotiations

is prohibited when offered to prove liability, the invalidity of a claim, or the amount

of a claim.”).

                 For the foregoing reasons, we affirm the municipal court’s judgment

and overrule McIntyre’s first and second assignments of error.

                 Judgment affirmed.

       It is ordered that appellee recover from appellant the costs herein taxed.
      The court finds there were reasonable grounds for this appeal.

      It is ordered that a special mandate issue out of this court directing the

Lyndhurst Municipal Court to carry this judgment into execution.

      A certified copy of this entry shall constitute the mandate pursuant to Rule 27

of the Rules of Appellate Procedure.


_____________________
TIMOTHY W. CLARY, JUDGE

LISA B. FORBES, P.J., and
KATHLEEN ANN KEOUGH, J., CONCUR