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Vossman v. AirNet Systems, Inc.

Court of Appeals of Ohio, Tenth District

May 18, 2017

Dan W. Vossman, Plaintiff-Appellant,
v.
AirNet Systems, Inc. et al., Defendants-Appellees.

         APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 11CV-7360)

         On brief:

          Law Offices of Russell A. Kelm, Russell A. Kelm, and Colleen M. Koehler, for appellant.

         Argued:

          Russell A. Kelm.

         On brief:

          Vorys, Sater, Seymour and Pease, LLP, David A. Campbell, and Gregory C. Scheiderer, for appellees.

         Argued:

          Gregory C. Scheiderer.

          DECISION

          BROWN, J.

         {¶ 1} Dan W. Vossman, plaintiff-appellant, appeals from the judgment of the Franklin County Court of Common Pleas, in which the court entered a final judgment awarding deposition transcript expenses as costs to Airnet Systems, Inc. ("Airnet"), Quinn Hamon ("Hamon"), and Thomas Schaner, defendants-appellees.

         {¶ 2} Many of the factual details in this matter are not germane to the issues in the present appeal, so only a general recitation of the underlying facts is necessary. On June 5, 2011, appellant, a pilot with Airnet, filed an age discrimination action against appellees. Both parties took several depositions. On October 19, 2012, the trial court granted summary judgment to appellees. This court affirmed in Vossman v. AirNet Sys., Inc., 10th Dist. No. 12AP-971, 2013-Ohio-4675. On November 1, 2012, Airnet filed a motion for approval of bill of costs, seeking to tax as costs $3, 641.70 for the transcripts of the depositions of appellant and four of Airnet's employees, including Hamon. On October 19, 2016, the trial court granted the motion for costs in its entirety. Appellant appeals the judgment of the trial court, asserting the following assignment of error:

         THE TRIAL COURT ERRED IN AWARDING DEPOSITION TRANSCRIPT EXPENSES AS COSTS UNDER CIVIL RULE 54 (D).

         {¶ 3} Appellant argues in his assignment of error that the trial court erred when it awarded deposition transcript expenses as costs under ...


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