Hopkins v. Car Go Self Storage
135 N.E.3d 1229
Ohio Ct. App.2019Background
- Hopkins rented a storage unit from Car Go Self Storage on April 20, 2015, signing a written rental agreement containing broad exculpatory and "as is" language disclaiming liability and implied warranties and capping liability at $50 for gross negligence/intentional acts.
- Hopkins stored furniture and other belongings in the unit and placed items on pallets; she alleges a water leak caused mold damage to her property discovered by August 10–11, 2015.
- Hopkins filed suit on September 2, 2017, asserting breach of contract (implied warranty of fitness), negligence, and conversion.
- Car Go moved for summary judgment, submitting the signed contract and Hopkins’ discovery responses (including admissions). Hopkins did not respond to the summary judgment motion and did not introduce additional evidence in the trial court record.
- The trial court granted summary judgment to Car Go on all claims; Hopkins appealed. The appellate court conducted de novo review and limited consideration to evidence before the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of contract — implied warranty | Hopkins: lease impliedly warranted unit fit for storage; Car Go breached that warranty | Car Go: contract expressly disclaims implied warranties and releases liability; provision is clear and enforceable | Court: Enforceable exculpatory clause disclaims implied warranties; summary judgment for Car Go |
| Negligence — timeliness | Hopkins: Car Go negligently allowed leak/mold causing damage | Car Go: negligence claim barred by 2-year statute of limitations (injury discovered Aug 2015; suit filed Sept 2017) | Court: Negligence claim time-barred under R.C. 2305.10; summary judgment for Car Go |
| Conversion — deprivation of property | Hopkins: conversion for purposeful/knowing damage to property | Car Go: Hopkins admitted she was never prevented from accessing or retrieving her property and never demanded its return | Court: Hopkins’ admissions defeat conversion elements; summary judgment for Car Go |
| Consideration of new exhibits on appeal | Hopkins submitted additional unverified exhibits with appellate brief | Car Go: trial record is the limit for summary judgment review | Court: Cannot consider documents not in trial court record; appellate review limited to evidence before trial court |
Key Cases Cited
- Menifee v. Ohio Welding Prods., 15 Ohio St.3d 75 (Ohio 1984) (elements of negligence)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (party moving for summary judgment bears the initial burden; nonmoving party must present specific facts showing genuine issue)
- Henkle v. Henkle, 75 Ohio App.3d 732 (Ohio Ct. App. 1991) (nonmoving party must point to evidentiary material to show genuine factual dispute)
- Ishmail, State v., 54 Ohio St.2d 402 (Ohio 1978) (appellate review limited to the record considered by the trial court)
- Maritime Mfrs., Inc. v. Hi-Skipper Marina, 19 Ohio St.3d 93 (Ohio 1985) (implied warranties may be disclaimed by contract)
- Natl. City Bank of Cleveland v. Erskine & Sons, Inc., 158 Ohio St. (Ohio) (definition of breach of contract)