Garfield Estates, L.L.C. v. Whittington

Citations

• 167 N.E.3d 113
• 2021 Ohio 211

Syllabus

Summary judgment Civ.R. 56(C) breach of lease agreement request for admissions Civ.R. 36 default admissions contradictory information in admissions genuine issue of material fact. Where tenant failed to respond to landlord's request for admissions and did not move implicitly or explicitly to withdraw or amend the default admissions, trial court properly granted summary judgment to landlord on the issue of liability for breach of lease agreement. However, because tenant's default admissions — the sole evidence landlord relied on to support its summary judgment motion — contained contradictory information regarding its damages, landlord did not meet its burden of demonstrating the absence of a genuine issue of material fact on that issue. Trial court, therefore, erred to the extent it granted summary judgment in favor of landlord on the issue of damages.