2013 Ohio 1950
Ohio Ct. App.2013Background
- Whittle sued Falcon Auto Sales for CSPA and MV Sales Rule violations over a 2003 BMW sale and related trade-in and financing disputes.
- Whittle alleged Falcon misrepresented financing approval and condition of the BMW; he provided a trade-in Lexus as part of the deal.
- Whittle claimed Falcon failed to credit $2,000 trade-in and to pay off $8,000 Lexus loan, and that the Lexus was later resold for a higher price.
- Whittle returned the BMW due to defects and lack of financing; Falcon refused to return the $2,000 trade-in value or the Lexus.
- The court entered default against Falcon on liability (Aug. 2, 2012) and awarded $20,999.60 plus costs based on alleged CSPA violations and breach of contract.
- The trial court did not attach the contract to the complaint and did not conduct a damages hearing, prompting cross-appeals on the damages award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether damages must be heard when a default judgment is entered without a attached contract | Whittle: damages can be set from complaint/affidavits; contract not attached. | Falcon: Civ.R. 55(A) requires a damage hearing; no contract attached. | Damages hearing required; court abused discretion. |
| Whether damages were recoverable without a copy of the written contract | Whittle asserted contractual basis supports damages notwithstanding missing attachment. | Falcon contends lack of contract prevents liquidated damages assessment. | Court abused by not reviewing contract or holding a hearing; damages unsustainably awarded. |
| Whether the award properly treated breach and CSPA violations | Whittle seeks multiple categories of damages under CSPA and MVSR. | Falcon disputes amount and nature of damages. | Issue of breach/DSA damages did not survive due to lack of damages hearing. |
| Whether noneconomic damages and attorney fees were properly awarded without a damages hearing | Whittle claims stress/frustration damages and fees justified by CSPA violation. | Falcon argues lack of evidentiary basis. | Damages limited by absence of liquidation and hearing; improper without hearing. |
Key Cases Cited
- Point Rental Co. v. Posani, 52 Ohio App.2d 183 (10th Dist.1976) (insufficient reason to omit contract from complaint)
- Hussein, 2011-Ohio-6766 (10th Dist. No. 11AP-352) (discretionary nature of damages hearing in Civ.R. 55(A))
- Coe v. W2, 2005-Ohio-6736 (9th Dist.) (liquidated vs. non-liquidated damages; need for hearing when not contract-based)