2011 Ohio 2407
Ohio Ct. App.2011Background
- Eppich signed two contracts in 2004 and 2005 between Jump Start Gymnastics, Inc. and Nureddin; she signed as Jump Start representative.
- Both contracts identify Jump Start Gymnastics, Inc. as the client; no title for Eppich is stated on the signature lines.
- In 2009, Eppich sued Nureddin for breach of contract, misrepresentation, and conversion, alleging economic losses from late business tax returns.
- Nureddin moved for summary judgment on standing, which the trial court granted, determining the contract was with Jump Start, not Eppich personally.
- On appeal, the court reviews summary judgment de novo and considers whether Eppich had standing as an individual based on the contracts.
- The court held that Eppich signed as an authorized representative of Jump Start and therefore lacked standing to sue individually; summary judgment was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Eppich has individual standing. | Eppich asserts she party to the second contract individually. | Eppich signed only as Jump Start's representative; no personal standing. | Eppich lacks standing; affirmed. |
Key Cases Cited
- Zivich v. Mentor Soccer Club, 82 Ohio St.3d 367 (1998) (establishes Civ.R.56 standard for summary judgment)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (burden on movant to show no genuine issue of material fact)
- Byrd v. Smith, 110 Ohio St.3d 24 (2006) (contradictory affidavits to deposition testimony must be explained)
- Adair v. Wozniak, 23 Ohio St.3d 174 (1986) (corporate harm accrues to the corporation, not shareholders, in direct damages)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (lays out de novo review for summary judgment)
- Mootispaw v. Eckstein, 76 Ohio St.3d 383 (1996) (clarifies burden-shifting and evidence in Civ.R.56 motions)