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Should I Appeal?

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rthomas311

Junior Member
What is the name of your state?What is the name of your state? Ohio

I am the owner of an automotive business in Ohio. I have been sued by a customer whose car was broken into while sitting in our parking lot overnight. According to my insurance rep., our obligation is to "do what any prudent business person would do to protect customers' property". No one can explain this to me, and no one has been able to tell me exactly what our liability is in this situation. Automotive shops and dealers leave customers' cars outside all the time because, like us, they simply do not have the room to keep all cars in the garage. Advice of the insurance people was that if we had to leave customers' cars outside, make sure the doors are locked, alarms set, etc... We do all of that. At the trial, the magistrate didn't make a ruling and said that he would mail it to us in a couple weeks. I have now received the judgement in favor of the Plantiff. The judgement reads: "The court finds, based upon all of the evidence and testimony, that while Defendant was in possesion of Plantiff's vehichle, vehichle was parked in a public parking lot adjacent to Defendant's business premises. The Defendant did not own the parking lot, and Plantiff's car was not otherwise protected from vandalism, theft, or damage by third parties." This is NOT true and was NOT our testimony. The car was in OUR parking lot ON the business premises. True, I do not OWN the parking lot, but I do not own the building either...I lease it. Should I obtain legal counsel and appeal? Through all of this, I still have yet to understand clearly what my liability is concerning customers' cars. I do not want to leave my business open to these type of lawsuits. Any insight on this matter is greatly appreciated.
 


badapple40

Senior Member
Where did this occur? In what court? Which magistrate? When did you get the decision? Did you testify that you had a lease? Did you bring a copy of the lease with you?

This is why you should have hired an attorney. Perhaps next time you will do so.

At this point, if it is a magistrate's decision, you need to file objections to the magistrate's decision. Keep in mind that if the other side put on testimony to the contrary, and the magistrate chose to believe them, you are out of luck.

If the testimony is one sided, there may be grounds to object. You can PM me and perhaps I can walk you through more of the specifics.
 
badapple40 said:
Where did this occur? In what court? Which magistrate? When did you get the decision? Did you testify that you had a lease? Did you bring a copy of the lease with you?

This is why you should have hired an attorney. Perhaps next time you will do so.

At this point, if it is a magistrate's decision, you need to file objections to the magistrate's decision. Keep in mind that if the other side put on testimony to the contrary, and the magistrate chose to believe them, you are out of luck.

If the testimony is one sided, there may be grounds to object. You can PM me and perhaps I can walk you through more of the specifics.
If you click on this link rthomas311, you will find that it touches on the fringes of your issue...third party criminal acts. You can see it argued both ways.

https://forum.freeadvice.com/showthread.php?t=216225

Your case sounds like an issue based on the theory/tort of "negligent security".

I would listen to badapple40 more than myself in this instance because BA is certain to know more about Ohio Civil Procedure than I do. But I do understand that (for appeal purposes) that some form of objection needs to appear in the record below. Whether that is an objection proper, or whether it is in the form of a motion for reconsideration.
 

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