2016 Ohio 283
Ohio Ct. App.2016Background
- Lisa Traylor, administrator of the estate of Nicholas Shaffer, sued Timber Top, inc. after Shaffer drowned at Timber Top’s apartment complex.
- Plaintiff alleged negligence, breach of lease, wrongful death, loss of consortium, and punitive damages.
- Timber Top moved to dismiss under Civ.R. 12(B)(6); trial court granted the motion and later dismissed the amended complaint with prejudice.
- Traylor sought review; the Court of Appeals reversed in part, holding some claims survived the motion to dismiss.
- Court held the negligence and wrongful death claims were adequately pleaded and that the breach of lease claim did not require incorporation of prior allegations; the prejudice aspect was moot.
- Case remanded for further proceedings consistent with this decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do negligence and wrongful death survive the 12(B)(6) dismissal? | Traylor—negligence and wrongful death pleaded with duty, breach, and causation. | Timber Top—claims failed to state a claim upon which relief could be granted. | Yes; they survive the dismissal. |
| Was the breach of lease claim properly dismissed for lack of incorporation? | Traylor—no requirement to re-allege or incorporate across sections. | Timber Top—pleading failed to state a claim for breach of lease. | No error in treating as improperly dismissed; breach of lease pleadings sufficient. |
| Is the dismissal with prejudice proper given the first issue outcome? | N/A or moot due to surviving claims. | Dismissal with prejudice appropriate only if claims fail to state a claim. | Moot due to resolution of Issue 1. |
Key Cases Cited
- Perrysburg Twp. v. City of Rossford, 103 Ohio St.3d 79 (2004-Ohio-4362) (standard for reviewing Civ.R. 12(B)(6) motions; de novo review; notice pleading)
- York v. Ohio State Highway Patrol, 60 Ohio St.3d 143 (1991) (notice pleading allows a plaintiff to survive without proving evidence at pleadings)
- Hanson v. Guernsey Cty. Bd. of Commrs., 65 Ohio St.3d 545 (1991) (facts viewed in light most favorable to nonmoving party; liberal pleading standards)
- Mitchell v. Lawson Milk Co., 40 Ohio St.3d 190 (1988) (standard for dismissal under Civ.R. 12(B)(6); presumption of truth to allegations)
- Bennison v. Stillpass Transit Co., 5 Ohio St.2d 122 (1966) (elements of wrongful death action (duty, breach, proximate causation))
- Mann v. Northgate Investors, L.L.C., 138 Ohio St.3d 175 (2014-Ohio-455) (landlords owe tenants safe common areas)
- State ex rel. Crabtree v. Franklin Cty. Bd. of Health, 77 Ohio St.3d 247 (1997) (procedural context for review of agency decisions)