Scheidler v. Maciejewski

Citations

• 2025 Ohio 5651

Syllabus

CIVIL TRESPASS — NUISANCE — SUMMARY JUDGMENT — ACTUAL DAMAGES — PROXIMATE CAUSE — MOTION TO STRIKE — PUNITIVE DAMAGES: Where counterclaim plaintiff failed to establish that counterclaim defendant's trespassory conduct was the proximate cause of the damage to her property, the trial court erred as a matter of law in awarding $8,000 in actual damages. Where plaintiff disclosed an expert witness well past the expert-disclosure deadline, the trial court did not abuse its discretion in granting defendant's motion to strike the expert's affidavit. Where plaintiff's claims asserted that defendant's actions caused erosion to his property, and where plaintiff did not present expert testimony regarding the causation of the erosion, the trial court did not err in granting summary judgment to defendant. The trial court erred in awarding punitive damages in the absence of actual damages.