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Rohrig v. Columbus

Court of Appeals of Ohio, Tenth District

August 29, 2019

Kyle Rohrig, Plaintiff-Appellant,
v.
Tequila Cowboys Columbus, Defendant-Appellee.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 18CV-6567

          Kyle Rohrig, pro se.

          DECISION

          BEATTY blunt, J.

         {¶ 1} Plaintiff-appellant, Kyle Rohrig, appeals a decision from the Franklin County Court of Common Pleas granting a motion to dismiss his complaint. Because Rohrig failed to sue a valid entity, we affirm the trial court's decision.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} On August 1, 2018, Rohrig filed a complaint against defendant-appellee "Tequila Cowboys Columbus" ("Tequila Cowboys"). (Compl. at 1.) He alleged that he was "unlawfully fired" or "forced me to quit" as a result of harassment by other employees and patrons. (Compl. at 1.) Rohrig's entire complaint asserts the following allegations against Tequila Cowboys:

1. Let [p]atrons harass me knowingly and no investigation done until another party asked for one to be done.
2. An employee unlawfully gave out my information to a party to harass me by calling the police on me using said information after the General Manager himself stated that it was [only for] employee texts for work. No retaliation or firing of that employee.
3. All employees and harassing party went around saying I was fired after I had knowingly quit by several employees including the General Manager Himself while lying to harassing party about how long Plaintiff was banned for.
4. Plaintiff was told by several employees to keep his mouth shut about being harassed which led to a hostile work environment and a cease/desist order sent to Plaintiff [be]cause all patrons wanted him back there and to settle what really happened after Plaintiff found out about Defendant saying Plaintiff was fired.

(Compl. at 1-2.) Rohrig then requests that he be awarded "no less than part or full ownership" of Tequila Cowboys in his prayer for relief. (Compl. at 2.)

         {¶ 3} TC Restaurant Enterprise, LLC ("TC"), a non-party to the action, appeared and filed a motion to dismiss. TC alleged that it owns and operates "Tequila Cowboy Bar & Grill." TC requested that the trial court dismiss the action because Tequila Cowboys is not a valid legal entity.

         {¶ 4} Rohrig opposed the motion, arguing that the business calls itself Tequila Cowboys on Facebook.

         {¶ 5} On April 11, 2019, the trial court granted TC's motion to dismiss, finding that "Plaintiff has failed to assert a claim against a sole proprietorship or a valid legal entity." (Apr. ...


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