2021 Ohio 3219
Ohio Ct. App.2021Background
- Devonte Logan stayed at Faith Mission shelter June 20–Dec 14, 2016 after being told housing would be found in ~3 months but he remained nearly six months.
- On Dec. 14, 2016 a shelter employee said Columbus Metropolitan Housing Authority had accepted him but refused to drive him to an appointment the next day; that evening Logan was assaulted in the shelter bathroom and taken to the hospital.
- Logan alleges Access Ohio told him he “didn't qualify” for rental/financial assistance, did not pay his deposit/first month, and forced him to apply for single housing despite being married; he also claims he lost a truck because he lacked $525 to release it from impound.
- On Aug. 7, 2019 Logan (pro se) sued Access Ohio for fraud, deceptive advertising (CSPA), robbery, and for injuries from the assault, seeking $150 million and reimbursement of $525.
- Access Ohio moved to dismiss under Civ.R. 12(B)(6). The Franklin County Court of Common Pleas dismissed the complaint for failure to state a claim; Logan appealed to the Tenth District, which reviewed de novo and affirmed.
- The appellate court also ordered the clerk to strike Logan’s filings submitted after his Jan. 27, 2021 amended brief for violating the court’s Jan. 28, 2021 order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Premises liability for assault at shelter | Logan contends Access Ohio is responsible for the assault at Faith Mission | Access Ohio lacked possession/control of premises and owed no duty to prevent the assault | Dismissed — complaint fails to allege Access Ohio had possession/control or duty to prevent criminal acts |
| Timeliness of personal-injury/negligence claims | Logan seeks recovery for assault injuries suffered Dec. 14, 2016 | Access Ohio notes statute of limitations bars claims filed in Aug. 2019 | Dismissed — two-year statute of limitations (R.C. 2305.10) bars late personal-injury/negligence claims |
| Fraud (and Civ.R. 9(B) particularity) | Logan alleges fraudulent misrepresentations about assistance/terms | Access Ohio argues complaint lacks required factual particularity and elements of fraud | Dismissed — complaint fails to plead the elements of fraud with the specificity required by Civ.R. 9(B) |
| Consumer Sales Practices Act (deceptive advertising) | Logan claims deceptive advertising / supplier misconduct | Access Ohio contends interactions are not a "consumer transaction" nor is it a "supplier" under the CSPA | Dismissed — complaint does not allege a CSPA consumer transaction or that Access Ohio is a supplier |
| Robbery / criminal relief | Logan seeks relief for robbery/force used against him | Access Ohio argues criminal prosecutions are for the state and facts do not show robbery under R.C. 2911.02 | Dismissed — robbery is a criminal matter for the state; factual allegations do not establish the statutory offense |
Key Cases Cited
- Wireman v. Keneco Distribs., 75 Ohio St.3d 103 (1996) (possession/control of premises required to impose premises liability)
- Wills v. Frank Hoover Supply, 26 Ohio St.3d 186 (1986) (possession/control principle in premises tort law)
- Fed. Steel & Wire Corp. v. Ruhlin Constr. Co., 45 Ohio St.3d 171 (1989) (no common-law duty to anticipate/foresee criminal activity absent a special duty)
- Perrysburg Twp. v. Rossford, 103 Ohio St.3d 79 (2004) (de novo standard of review for Civ.R. 12(B)(6) motions)
- Lunsford v. Sterilite of Ohio, L.L.C., 162 Ohio St.3d 231 (2020) (complaint should not be dismissed unless plaintiff can prove no set of facts entitling recovery)
- Morrow v. Reminger & Reminger Co. LPA, 183 Ohio App.3d 40 (2009) (elements of common-law fraud)
- Ferron v. Dish Network, LLC, 195 Ohio App.3d 686 (2011) (CSPA cause of action requires deceptive act in connection with a consumer transaction)
- Stebelton v. Haskins, 177 Ohio St. 52 (1964) (violation of penal laws is an offense against the state; prosecution is entrusted to the state)