Henderson v. Speedway, L.L.C.

Citations

• 2018 Ohio 4605

Syllabus

Motion to compel discovery Civ.R. 56/summary judgment objections to magistrate's decision. Appellant's motion to compel failed to designate which of appellee's responses were deficient. The trial court did not abuse its discretion in denying appellant's motion to compel. There also was no error by the trial court where it did not compel depositions of additional witnesses where appellant agreed to limit his depositions to key witnesses only. Appellant failed to preserve the gasoline he is claiming to have damaged his vehicle and therefore cannot show that the gasoline was contaminated, and without evidence that the gasoline was contaminated appellant cannot show that the gasoline was the cause of the damage to his vehicle. The trial court's grant of summary judgment was proper. Because appellant failed to file a transcript or affidavit of the evidence for the trial court record with his objections, this court under a plain-error review find no error in the trial court's overruling appellant's objections to the magistrate's decision.