Huskins v. Huskins, 2011 Ohio 1008

Roger Huskins sued Joshua Huskins for assault and false arrest after an argument over money for college.
Joshua admitted pushing his father and claimed self-defense due to escalating contact by Roger.
Christina Huskins testified Joshua hit Roger as Roger pushed him; she claimed Joshua stood on two feet and did not appear to be falling backward at the time.
Roger admitted he pushed Joshua first and then hit him multiple times; police arrested Roger but charges were later dropped with Joshua’s consent.
The trial court concluded Joshua’s act was battery rather than assault, finding self-defense justified and the force used reasonable.
The trial court granted Joshua’s defense and entered judgment in his favor; Roger appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether self-defense was properly raised and considered as a defense.	Huskins contends self-defense was not preserved in pleadings, so cannot be used.	Joshua's responses and trial conduct effectively presented self-defense as justification; amended or implied pleadings permitted.	Yes; the trial court properly allowed self-defense as a justification defense.
Whether the trial court erred in not entering judgment for Roger on the false arrest claim.	Lack of explicit probable cause in testimony should yield Roger liable for false arrest.	Probable cause is not required to sustain false arrest; determination rests on whether the arrest was supported by the acts described.	No; the court properly denied Roger’s false arrest claim.
Whether the trial court’s decision is against the manifest weight of the evidence.	The court should have found in Roger’s favor based on credibility and conduct.	There is competent, credible evidence supporting the trial court’s finding of self-defense and non-liability for false arrest.	No; the judgment is supported by competent, credible evidence.

Skinner v. Brooks, 74 Ohio App.3d 288 (Ohio App. 1st Dist. 1994) (self-defense as an affirmative defense must be pleaded to permit evidence)
State v. Poole, 33 Ohio St.2d 18 (1973) (self-defense is a justification defense)
Brooks, 74 Ohio App.3d 288 (Ohio App. 1st Dist. 1994) (affirmative defense rules apply to self-defense)
Snowden v. Hastings Mut. Ins. Co., 177 Ohio App.3d 209 (2008-Ohio-1540) (reference on pleading and defenses)
Niskanen v. Giant Eagle, Inc., 122 Ohio St.3d 486 (2009-Ohio-3626) (self-defense is an affirmative defense to intentional torts)
Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (burden of proof for non-deadly self-defense is on defendant)
City of Struthers v. Williams, 2008-Ohio-6637 (Seventh Dist.) (non-deadly self-defense elements and retreat rule pertinent to analysis)