Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hoelscher v. ICS 1 Ltd.

Court of Appeals of Ohio, Fifth District, Richland

August 14, 2019

ADAM HOELSCHER, et al., Plaintiffs-Appellees/Cross-Appellants
v.
ICS 1 LTD., Defendant-Appellant/Cross-Appellee

          Appeal from the Richland County Court of Common Pleas, Case No. 2017-CV-0358

         JUDGMENT: Affirmed

          For Plaintiffs-Appellees/Cross-Appellants NICHOLAS D. ATTERHOLT Weldon, Huston & Keyser, LLP

          For Defendant-Appellant/Cross-Appellee BRIAN M. GARVINE Law Office of Brian M. Garvine, LLC

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

          OPINION

          Hoffman, P.J.

         {¶1} Appellant ICS 1 Ltd. appeals the judgment entered by the Richland County Common Pleas Court awarding Appellees Adam Hoelscher and Hoelscher Trucking compensatory damages in the amount of $12, 025 and punitive damages in the amount of $10, 000.

         STATEMENT OF THE FACTS AND CASE

         {¶2} Adam Hoelscher (hereinafter "Appellee"), doing business as a sole proprietorship in the name of Hoelscher Trucking, owned a white 1999 Kenworth T800 truck which he purchased in September, 2015, for $10, 970.00. His trucking business was located in Richland County, and conducted its business in Richland County.

         {¶3} Appellant is a trucking company located in Columbus, Ohio. Kenneth Cornett is the managing partner of Appellant. Appellee was an independent contractor of Appellant. The parties executed a Motor Carrier Contractor/Owner Operator Agreement, pursuant to which Appellant leased Appellee's truck cab and driver to deliver loads to dispatched locations.

         {¶4} On September 29, 2016, Appellee's truck broke down in Pennsylvania when the driveshaft snapped. Prior to this incident, Appellant had performed maintenance work on the truck at a cost of $1, 375.87. Appellee paid $404.87, and Appellant released the truck to Appellee based on Appellee's agreement to pay the balance.

         {¶5} The day the truck broke down, Cornett sent a text message to Appellee indicating the cost of the truck repairs would exceed $2, 000. Appellee replied he could not afford the repairs, and would rent another truck to retrieve the broken truck from Pennsylvania. When Appellee arrived in Pennsylvania, the truck was gone. Appellee discovered Appellant had had the truck towed to its shop in Columbus. On October 17, 2016, Appellee texted Cornett, stating he could not afford to repair the truck and would have to sell it "as is."

         {¶6} Appellee attempted to retrieve the truck at Appellant's place of business in March of 2017. Appellee and his driver, Thomas Wallace, went to Appellant's place of business with a police officer. While the police officer was in another room, Cornett instructed an employee to get Appellee and Wallace out. When Wallace told the employee not to touch him, the employee put his hand on his hip where his gun was holstered and asked Wallace if he wanted to leave with a permanent limp. The officer came into the room and instructed Wallace and Appellee to walk out the door. As they tried to pass Cornett, a scuffle erupted and the officer had to call for backup.

         {¶7} Appellee filed the instant action on May 10, 2017, seeking damages and injunctive relief for replevin, conversion, trespass to chattels, breach of contract, lost wages, and violation of the Consumer Sales Practices Act. On May 12, 2017, Appellee filed a motion for possession of the truck pursuant to R.C. 2737.03. Appellant filed a motion to dismiss Appellee's May 12 motion for possession, arguing lack of jurisdiction based on improper venue. The trial court overruled the motion to dismiss, treating it as a motion to change venue.

         {¶8} Following hearing on the motion for possession, the magistrate recommended Appellee be granted replevin of the truck upon posting of a bond in the amount of $1, 000. No objections were filed, and the trial court adopted the decision of the magistrate. After Appellee posted the bond, Appellant posted bond pursuant to R.C. 2737.11, thereby retaining possession of the truck until the final trial date.

         {¶9} The trial court granted partial summary judgment to Appellee on the conversion claim. The case proceeded to bench trial. Following bench trial, the trial court awarded damages to Appellee based on the following calculation:

         {¶10} Conversion of 1999 Kenworth - $10, 000

         {¶11} Unpaid freight delivery profits - $1, 275

         {¶12} Two weeks loss of use before decision to sell - $850

         {¶13} Punitive damages - $10, 000

         {¶14} Less unpaid repairs to Appellant - $970

         {¶15} Total net judgment to Appellee - $21, 055

         {¶16} It is from the August 16, 2018 judgment of the trial court Appellant prosecutes this appeal, assigning as error:

         I. WHETHER VENUE WAS PROPER AND WHETHER THE TRIAL COURT HAD PERSONAL JURISDICTION OVER DEFENDANT-APPELLANT.

         II. WHETHER TRIAL COURT ERRED REGARDING ITS DETERMINATION OF DAMAGES FOR PLAINTIFF-APPELLEES CONVERSION CLAIM.

         III. WHETHER THE TRIAL COURT ERRED IN AWARDING PUNITIVE DAMAGES TO PLAINTIFF-APPELLEE.

         {¶17} Appellee has filed a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.