Citibank, N.A. v. Ebbing
2013 Ohio 4761
Ohio Ct. App.2013Background
- Citibank filed a $5,334.71 claim against Ebbing on a credit card account ending 4312 (address 3800 Princeton Rd, Hamilton) in Butler County (Oct 26, 2010).
- Ebbing moved to dismiss (Nov 12, 2010); trial court overruled; he answered and demanded a jury.
- Ebbing moved for summary judgment (Mar 4, 2011) alleging no signed writing and lack of attached card agreement; Citibank relied on last billing statement and other exhibits.
- Citibank offered exhibits including years of statements, a non-signed card agreement, checks to Citicards, a convenience check to Ebbing’s ex-wife, a settlement letter, and an affidavit from a Citibank custodian of records.
- Trial evidence included a last periodic billing statement listing Ebbing as account member, with balance $5,334.71 and address match to 3800 Princeton Rd.; eight jurors found Ebbing liable for Citibank’s claim.
- The trial court denied summary judgment; trial proceeded to jury with Citibank presenting eight exhibits and Ebbing denying card use; jury verdict for Citibank affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper given lack of signed writing | Citibank argues statements and last billing doc establish account use | Ebbing contends no signed writing and Civ.R. 10(D)(1) failure | No error; material facts disputed; summary judgment not appropriate |
| Whether jury instructions were improper | Instructions adequately stated law; defenses addressed | Instructions were incomplete/misleading | No reversible error; court did not abuse discretion |
| Whether certain exhibits were improperly admitted | Exhibits 1–2 are business records properly authenticated | Specific exhibits were inadmissible or irrelevant | Exhibits properly admitted or harmless error; no reversible impact |
| Whether the trial court erred in denying directed verdict | Evidence showed card agreement and liability | No contract written/defendant not liable | Sufficient evidence supported verdict; denial of directed verdict proper |
Key Cases Cited
- State v. Glenn, 2009-Ohio-6549 (12th Dist. Butler, 2009) (business records foundation for Evid.R. 803(6))
- Dept. Stores Natl. Bank v. McGee, 2013-Ohio-894 (7th Dist. Mahoning, 2013) (proper authentication of business records)
- Fifth Third Mtge. Co. v. Bell, 2013-Ohio-3678 (12th Dist. Madison, 2013) (Civ.R. 56 evidence foundation and admissibility)
- Ohio Receivables, L.L.C. v. Dallariva, 2012-Ohio-3165 (10th Dist. Franklin, 2012) (credit card agreements and writing requirements not needed for card use)