Hornsby v. Gosser, 2015 Ohio 162

Gosser and Hornsby were in a romantic relationship and cohabited after Gosser purchased property in Warren County in 2010; Hornsby agreed to pay utilities.
In 2012 they separated, Hornsby moved out, and she filed suit seeking unjust enrichment, wrongful eviction, and replevin of her French Bulldog.
Hornsby claimed she spent substantial funds on renovations based on an understanding she and her daughter could live on the property.
Gosser admitted the counterclaim but denied liability for Hornsby’s renovation expenses and moved to dismiss various claims.
A bench trial resulted in a magistrate awarding Hornsby $3,574.88 for renovation expenses and dismissing eviction and dog issues; Gosser’s counterclaim was dismissed.
The trial court adopted the magistrate’s decision, and Gosser appealed pro se raising three assignments of error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Discovery deadline was properly imposed.	Hornsby	Gosser	No error; court did not abuse discretion.
Admission of a summary of receipts was proper.	Hornsby; receipts summarized in exhibit.	Gosser; lack of testimony on receipts.	No error; dissolution of receipts allowed under Evid.R. 1006.
Matson witness dismissal biased counterclaim.	Gosser; Matson relevant to damages.	Matson testimony was improper; court acted within discretion.	No error; witness properly excused for irrelevance.

Ohio Valley Associated Bldrs. & Contrs. v. Rapier Elec., Inc., 2014-Ohio-1477 (12th Dist. Butler) (trial court has wide discretion over discovery; abuse of discretion if unreasonable)
Marder v. Marder, 2008-Ohio-2500 (12th Dist. Clermont) (Evid.R. 1006 admissibility of summaries tied to admitted underlying documents)
Eysoldt v. ProScan Imaging, 2011-Ohio-2359 (1st Dist.) (summary admissibility when underlying documents admitted or accounted for)
Hughes v. Lanham, 2004-Ohio-7142 (12th Dist. Warren) (summary document as aid; no error in admission)