Citibank, NA v. Abrahamson
2017 Ohio 5566
| Ohio Ct. App. | 2017Background
- Citibank sued Thomas Abrahamson in Tuscarawas C.P. for unpaid credit-card debt, seeking $28,072.57 (post-charge-off balance reflected $28,250.46 less credits).
- Citibank attached ~22 pages of billing statements to its complaint but at trial offered Exhibit B (127 pages of statements from 2008–2011) through its records custodian.
- The custodian testified about the account and that Citibank retained records for seven years; he did not create the underlying account data.
- Abrahamson, pro se, objected that Exhibit B differed from the pleadings and argued the custodian’s testimony was hearsay; he presented no evidence.
- The trial court received Exhibit B, overruled objections, and entered judgment for Citibank for $27,072.57 with interest and costs. Abrahamson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred admitting Exhibit B that differed from exhibits attached to complaint | Citibank: pleadings require only notice; Exhibit B was offered to prove prima facie case at trial | Abrahamson: Exhibit B amended the complaint improperly and prejudiced him; needed Civ.R. 15 amendment | Court: No error — notice pleading permits limited exhibits in complaint; trial evidence may be broader to meet prima facie burden |
| Whether evidence at trial required formal amendment of pleadings under Civ.R. 15 | Citibank: Civ.R.15(B) or amendment not required because pleadings give notice; evidence stage requires proof | Abrahamson: Citibank should have moved to amend pleadings before using additional records | Court: Civ.R.15 not implicated; pleadings and trial proof are distinct; admission appropriate to prove claim |
| Whether custodian’s testimony was inadmissible hearsay because he did not create entries | Citibank: records custodian authenticated business records admissible under business-records exception | Abrahamson: Custodian lacked personal knowledge; testimony was hearsay | Court: Custodian was a proper witness to authenticate records; testimony admissible; objection overruled |
| Whether trial court relied on invalid evidence (Exhibit 23 summary) to grant judgment | Citibank: trial exhibits (including statements) established account, charges, credits, and running balance to calculate amount due | Abrahamson: Citibank did not use Exhibit 23 at trial and thus judgment relied on invalidated evidence | Court: Citibank met prima facie proof via exhibits and custodian testimony; Abrahamson introduced no contrary evidence; judgment affirmed |
Key Cases Cited
- State v. Sage, 31 Ohio St.3d 173 (defines standard of appellate review for admission of evidence)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (defines abuse-of-discretion standard)
- Iacono v. Anderson Concrete Corp., 42 Ohio St.2d 88 (explains Ohio notice-pleading principles)
- Salamon v. Taft Broadcasting Co., 16 Ohio App.3d 336 (discusses notice versus fact pleading)
- Devore v. Mutual of Omaha Ins. Co., 32 Ohio App.2d 36 (discusses sufficiency of notice pleading under Civ.R. 8)
- Great Seneca Fin. v. Felty, 170 Ohio App.3d 737 (defines prima facie proof required for money owed on account)