Ray v. Ramada Inn N.
2012 Ohio 6226
Ohio Ct. App.2012Background
- Ray sued Ramada Inn for a 2001 slip-and-fall on tile; case delayed due to dismissal/refile, appeals, and bankruptcy, proceeding to trial in July 2010
- Jury verdict for Ramada Inn;jury interrogatory found no wax on the floor
- Judgment entered for Ramada Inn on August 4, 2010; Ray later dismissed appeal
- August 4, 2011, Ray moved for Civ.R. 60(B) relief from judgment, asserting stroke-caused memory issues and lost photographs
- Ray attached photographs he claimed showed the true scene; Ramada Inn opposed as not new evidence and not grounds for relief
- Trial court denied the Civ.R. 60(B) motion on March 20, 2012; Ray appealed and the court affirmed, finding no merit in the relief request
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 60(B) relief was proper based on excusable neglect or newly discovered evidence | Ray argues his 2007 stroke caused memory loss, constituting excusable neglect under 60(B)(1) and/or that newly discovered photos under 60(B)(2) justify relief | Ramada Inn contends the photos were known to parties since 2003, not new, and relief unavailable under 60(B)(2)/(5); no fraud shown | No abuse of discretion; relief denied; photos not meritorious or new; tiles depicted were the same floor; no hearing required; judgment affirmed |
| Do Ray’s photographs establish a meritorious claim or defense to vacate the judgment | Photographs show an older tile possibly waxed, differing from Ramada Inn’s photos | Photographs depict the same tile floor; no different make; missing 5x6 tile location indicates no new floor | Ray’s photos do not establish a meritorious claim; they negate rather than support a different floor; relief denied |
Key Cases Cited
- Fouts v. Weiss-Carson, 77 Ohio App.3d 563 (Ohio App. 1991) (excusable neglect under Civ.R. 60(B)(1) discussed)
- Yuhanick v. Cooper, 1998 Ohio App. LEXIS 5527 (Ohio App. 1998) (severe illness can be a compelling reason for relief)
- Liberty Nursing Ctr. of Englewood, Inc. v. Valentine, 2012-Ohio-1096 (2d Dist. Montgomery No. 24685) (severe illness may support relief; merits analysis same as other grounds)
- Longworth v. Montgomery Cty. Treasurer, 2012-Ohio-4442 (2d Dist. Montgomery No. 25058) (standards for Civ.R. 60(B) relief and abuse-of-discretion review)
- Non-Employees of Chateau Estates Resident Assn. v. Chateau Estates, Ltd., 2008-Ohio-5463 (2d Dist. Clark No. 2007-CA-81) (affirmation of alternative grounds for sustaining judgment)