2016 Ohio 3367
Ohio Ct. App.2016Background
- Cynthia Cubbedge-Parker (landlord) sued William Dillard (tenant) in Toledo Municipal Court for unpaid rent and property damage after evicting him.
- Lease allegedly began April 2014 at $400/month with an option to purchase; Dillard paid four months then missed four months of rent.
- Landlord reentered in January 2015 and discovered Dillard had removed all trees, shrubs, and brush from the backyard.
- Landlord presented an estimate to replace landscaping totaling $2,670.77 but had not actually replaced it by trial; property was foreclosed before trial.
- Trial court awarded $1,600 for back rent and $2,670.77 for landscaping to Cubbedge-Parker, offset by a $1,820 award to Dillard on his counterclaim for repairs; resulting net award remained in favor of the landlord.
- Dillard appealed, arguing the landscaping award was not supported by competent, credible evidence and was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the $2,670.77 landscaping award is supported by the evidence | Cubbedge-Parker: estimate shows reasonable cost to restore damaged landscaping | Dillard: award unsupported because she hadn’t actually incurred replacement costs and no longer owned the property | Court: affirmed award — reasonable restoration cost recoverable even if plaintiff hasn’t yet paid and no evidence of diminished market value was offered by defendant |
| Standard for reviewing manifest-weight challenge in civil case | n/a | n/a | Court applied Eastley/Thompkins standard: review entire record, weigh evidence, and defer to trier of fact unless miscarriage of justice |
| Proper measure of damages for reparable harm to real property | Cubbedge-Parker: recover reasonable cost of restoration | Dillard: implied challenge that market-value diminution, not restoration cost, should control since owner no longer bears cost | Court relied on Collieries/Martin: reasonable restoration cost is recoverable; diminution evidence may be offered but is not required |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (sets manifest-weight standard for civil cases)
- State v. Thompkins, 78 Ohio St.3d 380 (describes manifest-miscarriage-of-justice test)
- Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77 (presumption in favor of the finder of fact when reviewing weight of the evidence)
- Collieries Co. v. Cocke, 107 Ohio St. (measure of damages for reparable harm to real property: reasonable restoration cost or market-value difference)
- Martin v. Design Constr. Servs., Inc., 121 Ohio St.3d 66 (plaintiff need not prove market-value diminution to recover reasonable restoration costs)