Mohammadpour v. Haghighi

Citations

• 2023 Ohio 4211

Syllabus

Claim of nonpayment of account manifest weight of evidence expert testimony setoff or recoupment. Plaintiff, an accountant, brought claims of breach of contract, nonpayment of account, and unjust enrichment against defendant company and individual for work performed. Defendants alleged counterclaims of breach of contract, fraudulent billing and professional negligence/malpractice. After trial to a jury, the jury awarded plaintiff damages on the claim of nonpayment of account only. The jury further found against defendants on their counterclaims. Defendants appealed and argued the verdict on nonpayment of account was not proven and against the manifest weight of the evidence, that the verdict against their counterclaim for malpractice was against the manifest weight of the evidence because their expert's testimony was unrebutted by expert testimony, and that defendants were entitled to a setoff or recoupment against the award of damages. An action on an account is appropriate where the parties have conducted a series of transactions for which a balance remains to be paid. The balance may be proven through oral testimony. Evidence was submitted at trial as to the payments made and the balance due on the account. A judgment will not be found to be against the manifest weight of the evidence when the verdict is supported by some credible, competent evidence that goes to all the essential elements of the claim. The jury's verdict was not against the manifest weight of the evidence because it was supported by competent, credible evidence. The jury's findings against defendants' counterclaim that plaintiff breached contract was not against the manifest weight of the evidence where there was credible, competent evidence as to plaintiff's performance of the contract. The jury's finding against defendants' counterclaim that plaintiff committed professional malpractice was not against the manifest weight of the evidence where there was credible, competent evidence that support