Metzger v. Strongsville Care Group, L.L.C.

Citations

• 2025 Ohio 1732

Syllabus

Arbitration agreement; alternate dispute resolution; motion to stay and compel arbitration; successor judge; judgment on the transcript; credibility; electronic signature. Judgment reversed and remanded. Credibility is a vital factor in rendering judgment in the instant case. The crux of the case is whether plaintiff electronically signed the alternate dispute resolution agreement. The transcript is full of conflicting testimony, which would be difficult to evaluate absent observation of the witnesses. Plaintiff testified that she never received a copy of the agreement, that was not her signature on the agreement, and that she does not believe she signed anything electronically at the defendant's skilled care facility. Plaintiff's daughter testified that her mother signed all the documents by \[p]en and ink.\ Moreover, there are issues with defendant's testimony as to the DocuSign audit trail because the decedent was in the hospital at the time the audit trail indicates he electronically signed a document. In the trial court's ruling, the successor judge essentially determined that defendant's witness was more credible than plaintiff and her daughter when the court concluded that plaintiff \signed\ the agreement and was bound by its terms. Because credibility issues were involved at the motion to stay proceedings and compel mediation and arbitration hearing, the court erred in granting the motion on the basis of the transcript. The factfinder must weigh the credibility of the witnesses' testimony in order to make a determination. Therefore, the matter is remanded for a new hearing on defendants' motion.