Bruns v. Adlard

Citations

• 2025 Ohio 5202

Syllabus

SUMMARY JUDGMENT — EVIDENCE — CONVERSION — CONSPIRACY — BURDEN ON APPEAL — UNJUST ENRICHMENT — INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: The trial court erred in entering summary judgment in favor of defendant on guardian's claim for conversion of money left in ward's bedroom where the money was capable of identification and the evidence—when viewed in a light most favorable to the guardian—shows that the ward held title or the right to possess the specific money at issue and the money was taken at the direction of defendant and given to her, with only a partial amount being returned. The trial court did not err in entering summary judgment in favor of defendant on guardian's claim for conversion of ward's ownership interest in a limited liability company where the evidence, even when viewed in a light most favorable to the guardian, does not show that defendant wrongfully exercised dominion or control over ward's ownership interest in the limited liability company. The trial court did not err in entering summary judgment in favor of defendant on guardian's claim for conversion of ward's personal property where the evidence, even when viewed in a light most favorable to the guardian, does not show that defendant wrongfully exercised dominion or control over ward's personal property that may have been removed from the Kentucky property by other prayer group members. The trial court erred in awarding summary judgment in favor of defendant on guardian's claim for civil conspiracy deriving from the alleged taking of cash from ward's bedroom where genuine issues of material fact remain regarding the conversion claim on which the civil-conspiracy claim was based. Guardian failed to meet his burden on appeal to show error in the trial court's grant of summary judgment in favor of a not-for-profit corporation on his claim for unjust enrichment where guardian failed to identify any specific money received and/or retained by the not-for-profit corporation. The trial court