2013 Ohio 5129
Ohio Ct. App.2013Background
- In Feb. 2008, John Pumper signed a credit application on behalf of Green (Green Building Technology, LLC) to purchase materials from Wholesale Builders Supply, Inc.
- The credit application contained an acknowledgement of 18% finance charge, collection costs (including attorney fees), and an explicit personal guaranty clause: signing made the signer "both personally and corporately liable."
- Green purchased goods and accrued unpaid invoices; Wholesale sued Green and Pumper for breach of contract and for Pumper’s personal liability under the guaranty.
- Wholesale moved for summary judgment, submitting an affidavit from its credit manager (Lynne Bateson) asserting the unpaid balance ($28,534.85) and portions of Pumper’s deposition plus exhibits; later it filed a certified full deposition and reporter-certified exhibits.
- Appellants argued (1) Wholesale’s summary-judgment evidence was inadmissible (unauthenticated deposition pages/exhibits; Bateson lacked personal knowledge) and (2) Pumper was not a personal guarantor.
- The trial court granted summary judgment for Wholesale against Green and Pumper, jointly and severally; the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of deposition and exhibits for summary judgment | Wholesale: deposition pages and exhibits (later certified) and Bateson affidavit are admissible evidence under Civ.R. 56 | Appellants: selected/unauthenticated deposition pages and exhibits and Bateson’s statements lack authentication/personal knowledge | Court: deposition deemed admissible (deponent waived signature; reporter-certified); Bateson had personal knowledge as credit manager; evidence properly considered |
| Existence/enforceability of personal guaranty by Pumper | Wholesale: Pumper admitted signing the credit application and acknowledged the personal guaranty clause | Appellants: Pumper did not agree to personally guarantee the debt | Court: Pumper’s admissions in the authenticated deposition establish he agreed to personal liability; summary judgment for Wholesale affirmed |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (summary-judgment de novo standard and burden on movant)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (movant must show absence of genuine issue with Civ.R. 56(C) evidence)
- Zivich v. Mentor Soccer Club, 82 Ohio St.3d 367 (Ohio 1998) (summary judgment standard: construing evidence most favorably to nonmovant)
- Bonacorsi v. Wheeling & Lake Erie Ry. Co., 95 Ohio St.3d 314 (Ohio 2002) (affidavits for summary judgment must be based on personal knowledge)