Shury v. Cusato

Citations

• 203 N.E.3d 175
• 2022 Ohio 4401

Syllabus

Civ.R. 50(B) judgment notwithstanding the verdict defamation commercial disparagement R.C. 1345.09(F)(1) Consumer Sales Practices Act attorney fees Civ.R. 15(A) amended complaint Civ.R. 37 denial of motions to compel Evid.R. 404 character evidence replevin. The trial court's denial of appellants' motion for judgment notwithstanding the verdict was not in error. The record reflects sufficient material evidence to create a factual question for the jury and lacks a basis to overcome the presumption of regularity in the jury's verdict. The trial court's grant of leave to amend the complaint did not constitute an abuse of discretion and appellants were not prejudiced thereby. The trial court did not abuse its discretion by denying the motions to compel additional discovery of appellee or discovery from a third-party law firm regarding ownership of the vehicle. Ownership was not a prerequisite to the replevin action, or the Consumer Sales Practices Act claims, and appellants prevailed on the claims. The trial court's exclusion of appellants' witness to rebut appellants' liability for violating the Consumer Sales Practices Act, appellee's credibility and propensity for truthfulness, and ownership of the vehicle was not an abuse of discretion. The trial court's denial of attorney fees under R.C. 1345.09(F)(1) constitutes an abuse of discretion.