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Acheff v. Meijer, Inc.

Court of Appeals of Ohio, Fifth District, Richland

June 10, 2019

PETER ACHEFF Plaintiff-Appellant
v.
MEIJER, INC. Defendant-Appellee

          Appeal from the Court of Common Pleas, Case No. 2017CV0908

          For Plaintiff-Appellant BYRON CORLEY.

          For Defendant-Appellee W. CHARLES CURLEY.

          Hon. William B. Hoffman, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Plaintiff-Appellant, Pete Acheff, appeals the August 23, 2018 judgment entry of the Court of Common Pleas of Richland County, Ohio, granting summary judgment to Defendant-Appellee, Meijer Inc.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On December 22, 2017, appellant filed a complaint against appellee claiming false accusations and unlawful detention. Appellant alleged on December 28, 2016, upon attempting to exit appellee's store, he was stopped and accused of stealing. Appellee's employee "forcibly and unlawfully seized" appellant's shopping bag, and appellant was detained for approximately thirty minutes. As a result, appellant suffered "great and lasting mental anguish" requiring "continuous expert counseling into the future."

         {¶ 3} On July 24, 2018, appellee filed a motion for summary judgment, arguing statute of limitations and no genuine issues of material fact. By judgment entry filed August 23, 2018, the trial court agreed and granted appellee's motion.

         {¶ 4} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

         I

         {¶ 5} "REVIEWING THE MOTION FOR SUMMARY JUDGMENT DE NOVO THE RECORD IS CLEAR AND CONVINCING THAT THE TRIAL COURT ERRED TO THE PREJUDICE OF ACHEFF BY BRANTING MEIJER'S, INC. MOTION FOR SUMMARY JUDGMENT."

         I

         {¶ 6} In his sole assignment of error, appellant claims the trial court erred in granting summary ...


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