Lisboa v. Tramer
2012 Ohio 1549
Ohio Ct. App.2012Background
- Lisboa sued Tramer & Zwick in 2010 for professional malpractice, legal malpractice, fraud, conspiracy, and related claims.
- Lisboa, a resident alien, was deported in 2005 after a divorce and criminal convictions related to a business sale.
- Lisboa alleges Tramer filed a false 2005 Schedule K-1 to IRS, creating an IRS lien against him.
- Trial court granted a dismissals on statute-of-limitations and pleading grounds; issues appealed to the Ohio Court of Appeals.
- Court of Appeals affirmed in part, reversed in part, and remanded for further proceedings.
- Key issues include accrual of professional negligence claims, pleading specificity for fraud, and discovery rules for negligent supervision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accrual of professional negligence claim | Lisboa contends accrual occurred when act was committed; timing unclear on K-1. | Tramer contends accrual by 2005 event; statute expired by 2009-2010. | Accrual uncertain; remanded to determine timeliness. |
| Pleading with specificity for fraud | Civ.R. 9(B) not satisfied; fraud pleaded generally by third-party reliance. | Fraud must be pled with particularity detailing statements and making them to plaintiff. | Fraud claim dismissed for lack of particularity. |
| Negligent supervision statute of limitations | Discovery rule tolls the two-year period for injury under negligent supervision. | Limitations bar unless timely discovered the injury; assertion insufficiently pled. | Dismissal reversed; discovery rule applied to toll limitations. |
| Intentional infliction of emotional distress | Tramer's conduct caused severe emotional distress via IRS actions. | Not properly pled or time-barred under other theories. | Survives with proper pleading; later disposition affirmed in part. |
Key Cases Cited
- Flagstar Bank, F.S.B. v. Airline Union’s Mtge. Co., 128 Ohio St.3d 529 (2011-Ohio-1961) (professional negligence accrual based on act committed)
- Investors REIT One v. Jacobs, 46 Ohio St.3d 176 (1989) (accrual for professional negligence; accrual occurs at act)
- O’Brien v. Univ. Community Tenants Union, 42 Ohio St.2d 242 (1975) (motion to dismiss standard; pleadings and reasonable inferences)
- Salamon v. Taft Broadcasting Co., 16 Ohio App.3d 336 (1984) (notice pleading standard vs. specific allegations; Civ.R. 8 vs. 9(B))
- Browning v. Burt, 66 Ohio St.3d 544 (1993) (discovery rule applicable to negligent misrepresentation/related claims)