Mitchell v. Brownie's Indep. Transm.
2018 Ohio 32
| Ohio Ct. App. | 2018Background
- Mitchell paid BIT $1,161.34 in late 2012 for BIT to rebuild the transmission and torque converter on his 2003 Chevy Blazer; invoice included other noted engine/exhaust issues and a 6-month/6,000-mile warranty for work at the Main St. location.
- Vehicle was stored at BIT’s Dixie Drive lot while Mitchell made payments; BIT returned the vehicle by tow to Mitchell’s home on January 12, 2013, and Mitchell testified it has not been moved or repaired since.
- Mitchell sued in small claims on July 21, 2015, alleging BIT failed to fix the vehicle; BIT moved to dismiss as time-barred under the two-year statute for injury to personal property.
- A magistrate found an implied contract and awarded Mitchell $1,161.34, concluding an eight-year limitations period applied; the trial court adopted the magistrate’s decision.
- On appeal, this court considered (1) whether the claim is governed by the two-year or longer contract statute of limitations, and (2) whether the judgment awarding damages was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate statute of limitations | Mitchell framed claim as breach of contract; longer limitations apply | BIT argued claim is injury to personal property/product liability subject to 2-year limit (R.C. 2305.10(A)) | Claim sounds in breach of contract; implied-contract statute (6 years) applies, so claim timely (First assignment overruled) |
| Sufficiency/weight of evidence that BIT breached | Mitchell relied on vehicle being returned inoperable and his payments to prove BIT failed to repair | BIT argued Mitchell offered no proof BIT failed to perform; other preexisting issues and storage period could explain inoperability | Judgment was against the manifest weight of evidence; Mitchell failed to prove BIT breached or that repairs caused inoperability (Second assignment sustained) |
| Right to cross-examine plaintiff | Mitchell proceeded; magistrate allowed trial | BIT claims it was denied opportunity to cross-examine | Moot after reversal; record shows BIT did not attempt or request cross-examination (Third assignment overruled) |
Key Cases Cited
- Doe v. First United Methodist Church, 68 Ohio St.3d 531 (1994) (determine true nature of claim by looking beyond pleading form)
- Hambleton v. R.G. Barry Corp., 12 Ohio St.3d 179 (1984) (characterize cause of action by substance, not form)
- National City Bank of Cleveland v. Erskine & Sons, 158 Ohio St. 450 (1958) (definition of breach of contract)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for reversing civil judgments as against the manifest weight of the evidence)
- Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77 (1984) (appellate deference and presumption in favor of trial court factfinder)