Dardy v. Thompson, 2014 Ohio 2700

Plaintiffs Jennifer Dardy and Russell Brink leased the residential portion of a multi-use structure from defendant Richard Thompson; kennel/other areas were unleased and accessed by both parties.
Two fires (Nov. 8 and Nov. 10, 2010) destroyed the property; plaintiffs lost household goods and vehicles; neither was home when fires started.
Investigations were inconclusive as to cause; plaintiffs’ investigator opined accidental cause but could not identify ignition source; defendant’s investigator likewise could not determine cause and later destroyed an electrical panel he had removed.
Plaintiffs alleged three negligence-based claims asserting defendant failed to maintain the property’s electrical system; they did not produce an expert to establish causation.
Defendant moved for summary judgment; trial court granted it, finding res ipsa loquitur inapplicable, no spoliation remedy warranted, and no proof of negligence per se causation under R.C. 5321.04.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Applicability of res ipsa loquitur	The circumstantial facts support inferring defendant’s negligence caused the fire	No exclusive control by defendant over instrumentality; cause of fire unknown	Res ipsa does not apply — plaintiffs failed both exclusive control and causal-prong requirements
Spoliation for destruction of electrical panel	Panel was destroyed by defendant’s insurer’s investigator; adverse inference/remedy should be imposed	No litigation pending when panel was destroyed; no proof defendant intentionally destroyed evidence	No spoliation remedy: destruction occurred before litigation threat and no showing of willful/ negligent destruction by defendant
Negligence per se under R.C. 5321.04	Defendant violated landlord duty to maintain electrical system, establishing negligence per se	Plaintiffs failed to show statutory violation proximately caused the fire or that defendant had notice	Summary judgment proper: plaintiffs offered no evidence linking any statutory violation or notice to the fire

Temple v. Wean United, Inc., 50 Ohio St.2d 317 (standards for summary judgment)
Dresher v. Burt, 75 Ohio St.3d 280 (moving party’s burden in summary judgment)
Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (de novo appellate review of summary judgment)
Hake v. George Wiedemann Brewing Co., 23 Ohio St.2d 65 (elements of res ipsa loquitur)
Jennings Buick, Inc. v. Cincinnati, 63 Ohio St.2d 167 (res ipsa as evidentiary doctrine)
Simeone v. Girard City Bd. of Educ., 171 Ohio App.3d 633 (three-prong test and remedies for spoliation)
Shroades v. Rental Homes, Inc., 68 Ohio St.2d 20 (negligence per se under landlord-tenant statute)
Viock v. Stowe-Woodward Co., 13 Ohio App.3d 7 (viewing facts in light most favorable to nonmoving party on summary judgment)