HSBC Bank U.S.A., Natl. Assn. v. Gill

Citations

• 2019 Ohio 2814

Syllabus

HEARSAY – BUSINESS RECORDS – DAMAGES : In an action brought by plaintiff to collect on defendants' guaranty of a loan, the trial court did not abuse its discretion in admitting a loan history, which evidenced the amount owed plaintiff, as a business record where plaintiff laid a proper foundation for its admission and it was authenticated by plaintiff's witness. Plaintiff's damages were not capped at the amount plaintiff had been awarded against other guarantors on the same loan: defendants had declined to participate in that proceeding and cannot now reap its benefits. Plaintiff's award was not limited by any failure to mitigate damages where defendants offered no evidence that plaintiff failed to take reasonable action to mitigate its damages. Defendants cannot prove promissory estoppel where there is no evidence that they reasonably relied on a settlement agreement with plaintiff in dismissing cross-claims against other loan guarantors.