Burr v. Board of County Commissioners

491 N.E.2d 1101, 23 Ohio St. 3d 69, 56 A.L.R. 4th 357, 23 Ohio B. 200, 1986 Ohio LEXIS 608
CourtOhio Supreme Court
DecidedApril 11, 1986
DocketNo. 85-786
StatusPublished
Cited by497 cases

This text of 491 N.E.2d 1101 (Burr v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burr v. Board of County Commissioners, 491 N.E.2d 1101, 23 Ohio St. 3d 69, 56 A.L.R. 4th 357, 23 Ohio B. 200, 1986 Ohio LEXIS 608 (Ohio 1986).

Opinion

Celebrezze, C.J.

I

We initially determine whether the court of common pleas possessed subject matter jurisdiction over this action. Appellants contend that the Court of Claims has exclusive jurisdiction over damage claims by adoptive parents asserted against a board of county commissioners and the county welfare department.

Appellants also claim that the trial court erroneously excluded certain evidence which tended to establish state statutory oversight and funding of the county welfare department.2

We disagree with both contentions. The Court of Claims has “* * * exclusive original jurisdiction of all civil actions against the state * * *.” (Emphasis added.) R.C. 2743.03(A). As such, only the “state” may be the original. defendant in an action filed in the Court of Claims. R.C. 2743.02(E). “Counties,” such as appellant, are not the “state” but rather are “political subdivisions” and accordingly fall outside both the legislature’s statutory waiver of “state” immunity and the Court of Claims’ jurisdiction. R.C. 2743.01(A) and (B), 2743.02(E) and 2743.03(A). See Boggs v. State (1983), 8 Ohio St. 3d 15; Friedman v. Johnson (1985), 18 Ohio St. 3d 85; Illes v. State (1983), 10 Ohio App. 3d 111.

In this case, the proffered evidence was not erroneously excluded, nor was it relevant to any justiciable issue before the trial court. Although many social programs operate under state or federal oversight and financing, they still remain local governmental operations of the political subdivision. The local agencies and county commissioners are not agents of the state absent statutory language to that effect. Ules, supra. Such is not the case in this action.

Accordingly, we hold that Ohio’s courts of common pleas have original jurisdiction over civil actions commenced against counties and their agencies pursuant to R.C. 2305.01 and Section 4, Article IY of the Ohio Constitution.

II

Appellants next contend that appellees’ claims must fail because there was no actionable breach of any duty owed to appellees. Appellants assert [73]*73that appellees would have adopted Patrick absent the false representations made to them. Any costs incurred in caring for Patrick were incidental expenses which all parents are obligated to incur for their children and, appellants contend, were totally unrelated to any reliance given to representations made to appellees at the time they decided to adopt.

We deem that in a civil action captioned “Complaint in Fraud * * * for Wrongful Adoption,” which alleges that adoptive parents were fraudulently misled to their detriment by an adoption agency’s material misrepresentations of fact concerning an infant’s background and condition, the parents must prove each element of the tort of fraud.

In Cohen v. Lamko, Inc. (1984), 10 Ohio St. 3d 167, 169, we set forth the elements of fraud as:

“ ‘(a) a representation or, where there is a duty to disclose, concealment of a fact,

“ ‘(b) which is material to the transaction at hand,

“ ‘(c) made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred,

“ ‘(d) with the intent of misleading another into relying upon it,

“ ‘(e) justifiable reliance upon the representation or concealment,

and

“ ‘(f) a resulting injury proximately caused by the reliance.’ * * *” Id. at 169, quoting Friedland v. Lipman (1980), 68 Ohio App. 2d 255 [22 O.O.3d 422], paragraph one of the syllabus.

For the reasons to follow, we find that the instant record amply supports the lower courts’ decisions that fraud was demonstrated. There was evidence presented that appellants represented to appellees that the infant was a nice, big, healthy baby boy when in fact the welfare agency had test records which indicated, inter alia, that the child may have low intelligence and was at risk of disease. Appellants further represented that he was born at the Massillon City Hospital; the working mother was an unwed eighteen-year-old who was living with her parents, could not care for her son and voluntarily signed custody to appellants; that the grandparents were mean to the boy; and that the mother was moving to Texas for better employment.

Each of these untrue statements was found to have been affirmatively made with knowledge of its falsity. The representations were material to the adoption transaction and were obviously made with the intention of misleading the Burrs into relying upon them as fact while making their decision whether to adopt.

Both Mr. and Mrs. Burr testified that had they not been lied to regarding Patrick’s history, they never would have adopted him.3 Hence, had [74]*74they not relied on the representations, their subsequent damages would never have resulted. In short, appellants knew the history was false, intended reliance, and in fact misled the Burrs to their detriment.

Lastly, we find appellees’ reliance was justifiable in this case and that their injuries resulted therefrom. As this court noted in Cohen, supra, at 169-170: “ ‘Judgments supported by some competent, credible evidence going to all the essential elements of the case will not be reversed by a reviewing court as being against the manifest weight of the evidence.’ ” (Quoting from C.E. Morris Co. v. Foley Construction Co. [1978], 54 Ohio St. 2d 279 [8 O.O.3d 261], syllabus.) See, also, Frankenmuth Mut. Ins. Co. v. Selz (1983), 6 Ohio St. 3d 169, 172.

It has long been the rule in our state that “[a] person injured by fraud is entitled to such damages as will fairly compensate him for the wrong suffered; that is, the damages sustained by reason of the fraud or deceit, and which have naturally and proximately resulted therefrom.” Foust v. Valleybrook Realty Co. (1981), 4 Ohio App. 3d 164, at 166. See Molnar v. Beriswell (1930), 122 Ohio St. 348, paragraph one of the syllabus; Bartges v. O’Neil (1861), 13 Ohio St. 72, 77-78; Bartholomew v. Bentley (1846), 15 Ohio 659.

In this regard, we set forth the origin of this rule of law in Wells v. Cook (1865), 16 Ohio St. 67, 69, as follows:

[75]*75“Lord Campbell, in Gerhard v. Bates, 20 E. L. & E. R. 136, lays down the rule thus: ‘If A fraudulently makes a representation which is false, and which he knew to be false, to B, meaning that B shall act upon it, and B, believing it to be true, does act upon it, and thereby suffers a damage, B may maintain an action on the case for deceit.’ ”

In Bartholomew, supra, at 666-667, we clarified the basic purpose behind compensating parties for the consequences of fraud:

“It may be regarded as a well-settled principle, that for every fraud or deceit which results in consequential damage to a party, he may maintain a special action on the case; Upton v. Vail, 6 Johns. 182. The principle is one of natural justice, long recognized in the law; Barney v. Dewy, 13 Johns. 236.

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491 N.E.2d 1101, 23 Ohio St. 3d 69, 56 A.L.R. 4th 357, 23 Ohio B. 200, 1986 Ohio LEXIS 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burr-v-board-of-county-commissioners-ohio-1986.