2021 Ohio 211
Ohio Ct. App.2021Background
- Whittington leased an apartment from Garfield Estates (lease listed $460/month + $10 trash fee; lease term auto-renewal provisions). She vacated in September 2018.
- Garfield Estates sued for breach of the lease and money due, attaching a statement of account showing $1,877.93 owed and listing monthly rent as $665 and a lease term that conflicted with the written lease.
- Garfield Estates served requests for admissions; Whittington did not respond, so the requests were deemed admitted under Civ.R. 36.
- Garfield Estates moved for summary judgment based solely on the deemed admissions; the trial court granted judgment for $1,877.93 plus interest and costs.
- On appeal Whittington (pro se) raised liability and counterclaim arguments based on alleged floods, faulty plumbing, and habitability defects; she did not provide evidentiary support below or move to withdraw the deemed admissions.
- The appellate court affirmed liability (deemed admissions established breach) but reversed the damages award and remanded because the deemed admissions and the statement of account contained contradictory information about the amounts owed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of unanswered requests for admissions on liability | Deemed admissions establish facts showing Whittington breached the lease and landlord performed; summary judgment appropriate | No timely answer; but claims about habitability/floods raise factual disputes | Deemed admissions established liability; summary judgment for liability was proper |
| Whether court had jurisdiction to hear appeal while counterclaims pending | Judgment resolved plaintiff's claims and rendered counterclaims moot | Counterclaims based on habitability should survive and raise triable issues | Court found counterclaims either deficient or moot as a result of the liability ruling and exercised appellate jurisdiction |
| Plaintiff’s burden to prove damages on summary judgment when relying on deemed admissions | Deemed admissions (and attached statement of account) show the amount due ($1,877.93) | Statement of account conflicts with the written lease; defendant challenges amount via counterclaims | Court held plaintiff failed to meet its burden on damages because admissions/statement contained contradictory figures; summary judgment as to damages reversed and remanded |
| Standard for withdrawing/amending deemed admissions | Plaintiff argued none withdrawn; admissions conclusive | Defendant argued existence of factual disputes (habitability) and contested claims | Court noted Civ.R. 36(B) allows withdrawal but Whittington never moved to withdraw; nevertheless contradictions in admissions precluded summary judgment on damages |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (standard of review for summary judgment)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (burdens on moving and nonmoving parties in summary judgment)
- Klesch v. Reid, 95 Ohio App.3d 664 (8th Dist. 1994) (failure to answer requests for admission constitutes conclusive admission for summary judgment)
- Noble v. Colwell, 44 Ohio St.3d 92 (1989) (Civ.R. 54(B) final-judgment rule for multiple claims/parties)
- Gen. Accident Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (1989) (when a judgment renders remaining claims moot it is final and appealable)
- Wise v. Gursky, 66 Ohio St.2d 241 (1981) (final appealable order when remaining claims are rendered moot)
- AMF, Inc. v. Mravec, 2 Ohio App.3d 29 (8th Dist. 1981) (action on account treated as breach of contract claim)
- Hiram College v. Courtad, 162 Ohio App.3d 642 (11th Dist. 2005) (requirements to establish an action on account)
- Ohio CAT v. Stoneman, 41 N.E.3d 833 (2015) (contradictory evidence defeats summary judgment)