Tamburin v. Simpson
2016 Ohio 8154
| Ohio Ct. App. | 2016Background
- Chad Simpson (defendant) and Erica Tamburin (plaintiff) are divorced; dispute arose when Simpson attempted to exercise visitation for their infant on June 1, 2015.
- Exchange location monitored by camera; Erica did not bring the child, so Simpson went to Erica’s residence and lied that he only wanted to see the child to gain entry.
- A physical altercation occurred inside the residence over the child; a police officer who had been with Simpson briefly returned, forced entry, observed fighting and ordered ambulance transport for the child.
- Erica and her mother Connie sued Simpson in small claims court for medical expenses and property damage (original claim $2,174.66).
- Trial evidence included an officer’s incident report with photos, medical bills (Radiology Associates $39 balance; Wheeling Hospital $114.64 paid), testimony about property damage (lamp, curtain, door, computer, door-repair estimate), and conflicting testimony from Simpson denying responsibility.
- Trial court awarded $1,754.56 to Appellees; Simpson appealed claiming the judgment was against the manifest weight of the evidence. Appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court’s damage award is against the manifest weight of the evidence | Tamburin: evidence and bills prove medical and property damages from the altercation | Simpson: denies causing damage; disputes identity/condition/cost of items and argues evidence insufficient | Court: Affirmed — record supports award; credibility determinations proper for trial court |
| Whether plaintiffs proved specific medical bills resulted from the altercation | Provided bills and testimony linking elbow x‑ray and hospital visit to incident | Simpson questioned causation and relevance | Court: Sufficient proof of the Radiology and Wheeling Hospital charges |
| Whether plaintiffs proved property-damage costs and replacement estimates | Testimony, exhibits and officer photos showing disarray and broken items | Simpson challenged photos, the computer identity, and causation (said Erica caused damage) | Court: Evidence and testimony support the property damage award; trial court credited plaintiffs’ evidence |
| Whether appellate remedy required because of alleged procedural/briefing defects | Plaintiffs relied on trial verdict and record | Simpson’s pro se brief failed to comply with App.R.16 and lacked citations; argued manifest-weight reversal | Court: Despite briefing defects, reviewed record and found no miscarriage of justice; judgment affirmed |
Key Cases Cited
- Eastley v. Volkman, 972 N.E.2d 517 (Ohio 2012) (sets manifest-weight standard for civil cases and emphasizes deference to factfinder)
- Thompkins v. Ohio, 678 N.E.2d 541 (Ohio 1997) (discusses standard for manifest weight review)
- Seasons Coal Co. v. Cleveland, 461 N.E.2d 1273 (Ohio 1984) (recognizes presumption in favor of the finder of fact)
- State v. Martin, 485 N.E.2d 717 (Ohio App. 1985) (new-trial relief for weight-of-evidence claims is limited to exceptional cases)