Chester/12, Ltd. v. Epiq Constr. Servs., Inc.

Citations

• 2023 Ohio 1886

Syllabus

Summary judgment motion to vacate expert opinion affidavit. Trial court did not err in granting appellee's motion for summary judgment where appellee met its burden under Civ.R. 56(C) of demonstrating there were no genuine issues of material fact regarding appellant's claims and appellant did not meet its reciprocal burden of showing there were disputed issues for trial neither the trial court nor this court in reviewing the trial court's summary judgment ruling could consider an affidavit submitted to the trial court after the ruling appellant forfeited for appeal any argument that the trial court applied an incorrect standard in requiring appellant to support its supplement to its Civ.R. 60(B) motion with evidence of the type allowed by Civ.R. 56(C) because appellant did not raise the issue in the trial court trial court properly denied appellant's motion to vacate the summary judgment ruling in favor of appellee where expert testimony was necessary for appellant to prevail on its claims but appellant neither offered any expert testimony with its motion to vacate nor alleged that an expert had opined that appellee's work did not meet the contract requirements or was below the expected standard.