Krlich v. Clemente
2017 Ohio 7945
| Ohio Ct. App. | 2017Background
- Garrick and Lucinda Krlich sued 40+ defendants in 2013 alleging repeated harassment (threats, slander/libel), horn‑honking, lawn trespass, paintballing, and trashing their yard, asserting intentional infliction of emotional distress (IIED), trespass, and nuisance and seeking compensatory and punitive damages.
- Four appellees (Tyler, Lauren, Bruce Miller, and Nick Bruce) moved for summary judgment, invoking the four‑year statute of limitations and arguing appellants lacked Civ.R. 56 evidence on identity, outrageousness, causation, and damages; appellants did not file a response to that motion.
- Trial court granted summary judgment for appellees (July 17, 2015), finding (1) events before Sept. 6, 2009 were time‑barred, (2) horn honking was not extreme/outrageous as a matter of law and appellants offered no proof of serious emotional distress, (3) trespass was not proven as to these appellees, and (4) nuisance lacked proof of real, material, substantial injury; judgments included Civ.R. 54(B) language.
- Appellants appealed only the July 17 entry (other appeals dismissed for timeliness); their brief raised a single assignment claiming factual disputes about identity, outrageousness, nuisance, and damages.
- The court affirmed summary judgment in favor of appellees on IIED and nuisance (no genuine issue as to extreme/outrageous conduct or substantial damages tied to these appellees); one judge concurred in part and dissented in part, concluding nuisance should have survived summary judgment given repeated horn‑honking noise evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of limitations | Honking timeline not established; limitation defense irrelevant | Deposition shows harassment began 2007–2008; events before 9/6/2009 are barred | Court noted SOL bars pre‑9/6/2009 acts but did not rest judgment solely on SOL; no reversible error on this point |
| IIED — extreme and outrageous conduct | Repeated nighttime driving and horn‑honking (10–27 times) could be extreme; question for trier of fact | Horn honking and gestures are insults/annoyances not beyond all bounds of decency; no medical proof of serious emotional distress | Summary judgment for defendants: horn honking not extreme/outrageous as a matter of law and plaintiffs offered no admissible evidence of serious emotional distress |
| Nuisance — noise | Noise from repeated horn‑honking can constitute nuisance causing annoyance/discomfort | Plaintiffs failed to link specific acts by these appellees to real, material, substantial injury; identity/timing evidence lacking | Summary judgment for defendants: no genuine issue that appellees’ specific conduct produced the required real, material, substantial injury (concurrence disagreed as to noise evidence) |
| Identification / damages | Plaintiffs argue testimony and surveillance establish identity and damages | Defendants point to deposition gaps, lack of flash drive/video in record, and absence of medical/property damage evidence | Court: plaintiffs failed their reciprocal Civ.R. 56 burden to present admissible evidence tying defendants to specific actionable acts or to established damages; summary judgment proper |
Key Cases Cited
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (sets Ohio Civ.R. 56 standard)
- Dresher v. Burt, 75 Ohio St.3d 280 (moving party’s initial burden in summary judgment and reciprocal burden rules)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden allocation principles)
- Yeager v. Local Union 20, 6 Ohio St.3d 369 (elements and standard for IIED)
- Morris v. Ohio Cas. Ins. Co., 35 Ohio St.3d 45 (summary judgment not automatic when nonmoving party fails to respond)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (standard for whether evidence requires submission to jury)
- Banford v. Aldrich Chem. Co., Inc., 126 Ohio St.3d 210 (nuisance requires real, material, substantial injury and recovery for physical discomfort)
- Paugh v. Hanks, 6 Ohio St.3d 72 (serious emotional distress examples and proof requirements)