Olive Oil, L.L.C. v. Cleveland Elec. Illum. Co.

Citations

• 2021 Ohio 2309

Syllabus

Civ.R. 41(B) Civ.R. 50(A) App.R. 12 App.R. 16 directed verdict motion for summary judgment trespass civil conspiracy R.C. 2307.60 R.C. 2307.61 declaratory judgment owner-opinion testimony harmless error. A trial court errs by granting a directed verdict on a trespass claim on the basis that the plaintiff failed to prove a non-essential element of the claim. Actual damages is not an element of trespass and it is error for a trial court to dismiss a trespass claim on the basis that the plaintiff failed to prove actual damages. A trial court does not err by granting a directed verdict on a civil conspiracy claim where the plaintiff fails to prove it suffered actual damages. Moreover, on appeal from a directed verdict on a civil conspiracy claim, an appellant fails to meet its burden where the appellant fails to identify any evidence in the record establishing actual damages. A trial court does not err by granting a directed verdict on a claim pursuant to R.C. 2307.60 and 2307.61 where the plaintiff fails to prove that the defendant committed a criminal act that injured it in person or in property. Moreover, on appeal from a directed verdict on a claim pursuant to R.C. 2307.60 and 2307.61, an appellant fails to meet its burden where the appellant fails to identify any evidence in the record establishing that the defendant committed a criminal act that injured it in person or in property. A trial court errs by dismissing a plaintiff's claim for lack of prosecution where the record reflects that plaintiff's counsel was present for the entirety of trial and the plaintiff's personal representative was present for its case-in-chief, including the representative's direct and cross-examinations, but was not present for the defendant's case-in-chief. However, that error is harmless where the count dismissed consists of a claim that is outside the scope of the declaratory judgment act. A trial court errs when it grants a motion in limine preventing a property owner from testifyi