2021 Ohio 3589
Ohio Ct. App.2021Background:
- On March 2, 2019 Jacqueline Watkins purchased a 2007 GMC Envoy from Ahmed Alwishah/3 Brothers for $6,000, paid $2,000 down and two subsequent payments ($160 and $140); Watkins alleged the sale was "as‑is."
- Watkins repeatedly requested the retail installment contract and related paperwork; Alwishah did not provide those documents at the time of sale.
- On April 15, 2019 a West Virginia state inspection rejected the vehicle as unsafe because the frame was "rusted away;" Watkins demanded a refund and offered to return the vehicle; Alwishah refused and threatened repossession.
- Watkins filed a small claims action in East Liverpool Municipal Court; at a bench trial (both parties pro se) the court awarded Watkins $3,000 plus 5% interest and ordered the vehicle returned to the defendant upon payment.
- On appeal Alwishah raised four issues: failure to appoint an interpreter, judgment against him was against the manifest weight of the evidence, admission of the inspection report as hearsay, and error in permitting him to represent (and in entering judgment against) an LLC member personally.
- The appellate court affirmed as to the first three issues but reversed in part and remanded because the record did not show whether the judgment was intended to be against Alwishah individually or against 3 Brothers Auto Sales, LLC.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appointment of interpreter | Proceedings were regular; no indication an interpreter was requested | Alwishah is LEP and the court should have appointed an interpreter under R.C. 2311.14 | No abuse of discretion; no record he requested an interpreter or was prejudiced; issue not preserved |
| Manifest weight of the evidence | Watkins: inspection report, photos, and testimony show frame defect and appellee entitled to refund/damages | Alwishah: vehicle sold "as‑is," it passed his inspection, he lacked knowledge of dangerous defect | Judgment affirmed; trial court credited Watkins; competent, credible evidence supported negligence finding (duty to inspect/warn) |
| Admission of inspection report (hearsay) | Small claims exempt from Evid.R.; report plus photos/testimony reliable and admissible in lay forum | Report is hearsay and should have been excluded | No error; Evid.R.101(C)(8) makes rules inapplicable in small claims and reliable evidence was presented |
| Representation / judgment against LLC vs individual | Watkins proceeded against the seller as named; evidence referenced 3 Brothers LLC | Alwishah: 3 Brothers is an LLC; non‑attorney cannot represent LLC; judgment cannot be entered personally without veil‑piercing analysis | Reversed in part and remanded: trial court did not analyze piercing the corporate veil and award appears to be directed to Alwishah personally; remand to clarify/enter judgment against proper entity |
Key Cases Cited
- Thrash v. U‑Drive‑It Co., 110 N.E.2d 419 (Ohio 1953) (used‑car dealers must examine vehicles and repair or warn of defects)
- Stamper v. Parr‑Ruckman Home Town Motor Sales, Inc., 265 N.E.2d 785 (Ohio 1971) (seller of vehicle sold "as‑is" must use ordinary care to warn of known or discoverable defects)
- C.E. Morris Co. v. Foley Constr. Co., 376 N.E.2d 578 (Ohio 1978) (bench‑trial judgments will not be reversed if supported by some competent, credible evidence)
- Turner v. Sinha, 582 N.E.2d 1018 (Ohio Ct. App. 1989) (small claims is a layman’s forum; strict rules of evidence are relaxed but reliable evidence is required)
- Union Sav. Ass’n v. Home Owners Aid, Inc., 262 N.E.2d 558 (Ohio 1970) (general rule that corporations must be represented by counsel)