Auto Recyclers of Middletown, Inc. v. Stein, L.L.C.
2025 Ohio 414
| Ohio Ct. App. | 2025Background
- Auto Recyclers of Middletown, Inc. and Car Connection Ohio, Inc. (“Plaintiffs”) operate auto salvage and used car businesses adjacent to Stein, LLC’s slag handling facility, which operates on land owned by Cleveland-Cliffs Steel Corp. (“Defendants”).
- Plaintiffs alleged slag dust and pollutants from Defendants’ operations damaged their open-lot inventories, framing claims for nuisance, negligence, trespass, and tortious interference with business relationships.
- Plaintiffs timely disclosed expert witnesses from the Hamilton County Environmental Services Agency but failed to provide a written expert report as required by court orders and Ohio Civ.R. 26(B)(7).
- The trial court, after a defense motion for summary judgment highlighting this failure and lack of causation evidence, precluded Plaintiffs from offering expert testimony and granted summary judgment to Defendants on all claims.
- Plaintiffs appealed, arguing the exclusion of experts was an abuse of discretion and that causation could be established by common knowledge or public records from environmental agencies.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Exclusion of Experts | Defendants knew the agency opinions; no prejudice from lack of expert report | Plaintiffs didn’t comply with court order or rules; expert reports are required | No abuse of discretion; exclusion of experts affirmed |
| Need for Expert Testimony | Causation obvious/common knowledge; documents enough | Causation is technical/scientific and needs expert testimony; plaintiffs lack evidence | Expert testimony is required; plaintiffs can’t proceed without it |
| Sufficiency of Discovery Documents | Thousands of records and agency contacts establish Defendants’ conduct | Only proper expert reports and admissible evidence count, not unauthenticated records/public documents | Discovery documents are inadmissible hearsay without proper authentication |
| Grant of Summary Judgment | Genuine issues of fact about cause/effect and damages remain | No admissible evidence links defendants to harm; summary judgment proper | Summary judgment for defendants affirmed on all claims |
Key Cases Cited
- Brackett v. Moler Raceway Park, L.L.C., 2011-Ohio-4469 (defines private nuisance elements)
- Darnell v. Eastman, 23 Ohio St.2d 13 (expert testimony required when causation is not a matter of common knowledge)
- Berdyck v. Shinde, 66 Ohio St.3d 573 (requirement of expert testimony for technical matters beyond common knowledge)
- Williams v. Oeder, 103 Ohio App.3d 333 (elements of indirect trespass in Ohio)