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Pepin v. Hansing

Court of Appeals of Ohio, Fourth District

September 20, 2013

JEFF PEPIN, et al., Plaintiffs-Appellees,
v.
JERALD HANSING, M.D., et. al., Defendants-Appellants.

CIVIL APPEAL FROM COMMON PLEAS COURT

COUNSEL FOR APPELLANT JERALD D. HANSING, Michael L. Close and Dale D. Cook Isaac Wiles Burkholder & Teetor, LLC, Two Miranova.

COUNSEL FOR APPELLEES: David B. Beck, Harcha, Book & Beck, LLC.

DECISION AND JUDGMENT ENTRY

ABELE, J.

(¶ 1} This is an appeal from a Scioto County Common Pleas Court judgment in favor of Jeff Pepin and Hanny Barsoum (plaintiffs below and appellees herein), on their claims against, inter alia, Jerald Hansing, M.D. (defendant below and appellant herein). Appellant assigns the following errors for review:

FIRST ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED IN OVERRULING DR. HANSING'S MOTION FOR JNOV ON THE FRAUD CLAIM EVIDENCE OF THE ELEMENTS OF FRAUD."
SECOND ASSIGNMENT OF ERROR:
"THE TRIAL COURT'S ERRED IN OVERRULING DR. HANSING'S MOTION FOR JNOV ON THE CONVERSION CLAIM AS THERE IS NO EVIDENCE THAT DR. HANSING CONTROLLED THE FUNDS CONVERTED."
THIRD ASSIGNMENT OF ERROR:
"THE TRIAL COURT ABUSED ITS DISCRETION IN OVERRULING DR. HANSING'S MOTION FOR NEW TRIAL AND REMITTITUR AS THE DAMAGES WERE EXCESSIVE AND CONTRARY TO LAW."
FOURTH ASSIGNMENT OF ERROR:
"THE TRIAL COURT ABUSED ITS DISCRETION IN OVERRULING DR. HANSING'S MOTION FOR NEW TRIAL AS THE JUDGMENTS AGAINST HIM PERSONALLY WERE AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE."

(¶ 2} In 1996, Appellant Peter Geissler and Melvin Mpambara founded the Kigezi International School of Medicine (Kigezi). Although Kigezi was a non-profit organization established in the nation of Uganda, most of its academic and clinical education took place in Great Britain. American medical students comprised approximately ninety percent (90%) of the student body. Between 2000 and 2004, appellant was Kigezi's managing ...


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