Ettayem v. Safaryan
2014 Ohio 4170
Ohio Ct. App.2014Background
- Ettayem filed a pro se complaint for assault and battery against Safaryan; Safaryan answered with defenses including self-defense and reasonable force to eject a trespasser and dismissed a counterclaim.
- Parties own/are involved with a commercial property at 2950 and 2960 Groveport Road, where a lease in January 2010 reduced Ettayem's occupancy and required removal of belongings from 2960.
- In June 2010, Ettayem confronted construction on the 2960 space; Safaryan arrived, and a heated dispute over the wall closure ensued.
- Ettayem testified Safaryan punched him after Ettayem warned and attempted to talk outside; Ettayem claimed he did not swing first and sustained facial injuries.
- Schilling, a contractor, testified he saw an arm strike Ettayem but did not observe Ettayem swinging at anyone.
- The jury found in favor of Safaryan on the assault/battery claim, but also found Safaryan proved self-defense and reasonable force to eject a trespasser; judgment entered October 22, 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of exhibits 11-23 | Exhibits impeach Safaryan; misculculated relevance. | Exhibits concern marital status; not probative to assault. | No abuse; not relevant under Evid.R. 613(B) and not a ground for reversal. |
| Exclusion of exhibits 30-31 from building code records | Codes would show ongoing construction fault and fault allocation. | Not probative to assault; evidence cumulative. | No reversible error; did not affect substantial rights. |
| Exclusion of statements from dismissed counterclaim | Counterclaim statements show mutual fault and lack of self-defense. | Dismissed with prejudice; not relevant. | Not an abuse of discretion; statements not relevant after dismissal. |
| Jury instructions | Proposed instructions should have been given or modified. | Existing charge correctly stated law; no retreat duty for non-deadly force; no error in instruction. | No abuse; jury charge considered adequate as a whole. |
| Manifest weight | Verdict against weight of the evidence because defenses not met. | Evidence supported self-defense and reasonable force. | Not against the manifest weight; substantial competent evidence supports defenses. |
Key Cases Cited
- Andrew v. Power Marketing Direct, Inc., 2012-Ohio-4371 (10th Dist. 2012) (broad discretion in evidentiary rulings; requires prejudice)
- State v. Issa, 93 Ohio St.3d 49 (2001) (confronts evidentiary discretion and impeachment limits)
- State v. Barnes, 94 Ohio St.3d 21 (2002) (abuse of discretion standards for evidentiary rulings)
- State v. Kulasa, 2012-Ohio-6021 (10th Dist. 2012) (613(B) categorization for prior inconsistent statements)
- Lips v. Univ. of Cincinnati College of Medicine, 2013-Ohio-1205 (10th Dist. 2013) (substantial rights required for evidentiary error)
- Kendig v. Martin, 2003-Ohio-1525 (10th Dist. 2003) (waiver exceptions when correct law is argued to court)
- Murphy v. Carrollton Mfg. Co., 61 Ohio St.3d 585 (1991) (standard for jury instructions; evidence support required)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (1978) (presumption of correctness for trial court findings)
- Vu v. State, 2010-Ohio-4019 (10th Dist. 2010) (no duty to retreat in non-deadly force cases)