Liber v. Westmeyer
2025 Ohio 1099
Ohio Ct. App.2025Background
- David Liber loaned $165,000 to Joseph W. Westmeyer, Jr. via a promissory note in 2015, with repayment linked to the settlement of a separate case.
- Westmeyer Jr. ran "Westmeyer Law" as a sole proprietorship; Liber alleged later that he believed both Westmeyer Jr. and Joseph W. Westmeyer III (his son) were partners or co-obligors.
- In 2022, Liber discovered his loan was not repaid after the triggering event (case settlement) and filed suit against Westmeyer Jr., later amending the complaint to include Westmeyer III and Westmeyer Law Offices (WLO) for breach of contract and malpractice.
- Liber claimed malpractice/disloyalty after learning in 2023 about a power of attorney executed by Westmeyer III impacting collection on the debt.
- Trial court granted summary judgment for Westmeyer III and WLO, ruling (1) the malpractice claim was time-barred and (2) there was no partnership/privity making them liable on the note.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Malpractice Statute of Limitations | Liber did not discover malpractice until Feb. 2023 (POA discovery) and sued within a year | Relationship ended Feb. 2022; no cognizable malpractice event after that; claim untimely | Malpractice claim barred—no specific facts supporting cognizable discovery event after attorney-client relationship ended |
| Liability on Promissory Note (Partnership) | Westmeyer III and WLO acted as partners; Liber relied on partnership when lending | Note was clear—loan was to Jr. only; no evidence of partnership or relevant representations; Jr. was sole proprietor | No partnership or privity—unambiguous note controlled, no evidence Liber relied on purported partnership |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (burdens of proof in summary judgment proceedings)
- Natl. Union Fire Ins. Co. of Pittsburgh, PA v. Wuerth, 122 Ohio St.3d 594 (Ohio 2009) (law firm vicarious liability for malpractice)
- Henderson v. Mockensturm, Ltd., 6th Dist. Ohio App. 2024-Ohio-6129 (accrual of the statute of limitations for legal malpractice)