Gallick v. Benton

Citations

• 2018 Ohio 4340

Syllabus

Trial court did not abuse its discretion in adopting the magistrate's findings of fact and conclusions of law and entering judgment for appellee on appellant's negligence claim. The weight of the evidence supported the trial court's determination that appellee was confronted with a sudden emergency when his vehicle was struck by a van whose driver had failed to yield at a stop sign and pushed off the roadway into appellant's building causing property damage. Appellee did not waive the defense of sudden emergency, pursuant to Civ.R. 8(C), by failing to specifically plead the defense in his answer because the Ohio Civil Rules do not apply to small claims matters under Chapter 1925 of the Ohio Revised Code, and because appellant had notice appellee intended to assert the defense at trial and an adequate opportunity to present arguments and evidence in opposition to the defense. Judgment affirmed.