Ostigny v. France

Citations

• 2025 Ohio 4885

Syllabus

DAMAGES — CONSUMER SALES PRACTICES ACT — R.C. 1345.09 — HOME SOLICITATION SALES ACT — R.C. 1345.23 — CIV.R. 37 — NOTICE — DISMISSAL — SANCTION — ABUSE OF DISCRETION: Under R.C. 1345.09(B) of the Consumer Sales Practices Act, the trial court erred in awarding damages beyond the statutory $200 where the consumer only established supplier's liability for failing to comply with R.C. 1345.23(B)(1) and (2) and did not show any actual pecuniary loss from the proven violation. The trial court did not abuse its discretion by dismissing plaintiffs-suppliers' remaining claims with prejudice under Civ.R. 37 where they did not comply with the court's order to produce responses by a date certain and failed to offer any reason for the failure to comply, and the discovery requests had been outstanding for over one year at the time of the dismissal.