Himmelsbach-Preston v. Royal Custom Cleaners

847 N.E.2d 75, 136 Ohio Misc. 2d 34, 2005 Ohio 7145
CourtClermont County Municipal Court
DecidedJune 29, 2005
DocketNo. 2004-CVI-05384
StatusPublished

This text of 847 N.E.2d 75 (Himmelsbach-Preston v. Royal Custom Cleaners) is published on Counsel Stack Legal Research, covering Clermont County Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Himmelsbach-Preston v. Royal Custom Cleaners, 847 N.E.2d 75, 136 Ohio Misc. 2d 34, 2005 Ohio 7145 (Ohio Super. Ct. 2005).

Opinion

Haddad, Judge.

{¶ 1} On April 12, 2005, this matter came before the court for oral argument on defendant’s Objections to Magistrate’s Report, which defendant, Royal Custom Cleaners, filed on February 18, 2005. Upon hearing oral argument, the court took the matter under advisement and now renders the following decision.

FINDINGS OF FACT

{¶ 2} Defendant objects to the magistrate’s decision filed February 8, 2005, in which plaintiff was awarded $810 plus interest and costs for damages to her Amish quilt. On November 27, 2004, plaintiff, Carol Himmelsbach-Preston, took her handmade Amish quilt to Royal Custom Cleaners for dry cleaning. She informed defendant’s employee that the quilt was handmade and inquired whether they could clean the quilt for her. Defendant’s employee assured her that they could clean it.

{¶ 3} The owner of Royal Custom Cleaners, Peter J. Hartman Sr., personally attended to plaintiffs quilt. He testified that he followed his ordinary practice of testing areas of the quilt with paint, oil, and grease remover to check for dyes that could potentially bleed in the dry-cleaning process. After testing areas of the quilt and discovering no problems, Hartman placed the quilt in his dry-cleaning machine. Hartman stood nearby and watched as he started the machine. As soon as the chemical perchlorethylene came in contact with the quilt, dyes on the quilt began to bleed. Hartman promptly stopped the machine, extracted the perchlorethylene from the machine, and put the quilt through a dry cycle in the machine.

[38]*38{¶ 4} When the quilt was returned to plaintiff in a damaged condition, she confronted Hartman, who refused to accept responsibility for damage to the quilt. He told her that she should return her quilt to the Amish. He told her that the Amish should have placed a care label on the quilt, and allegedly offered her copies of brochures similar to defendant’s exhibits A and B. Defendant submits that these two exhibits set forth the standards in the dry-cleaning industry.

{¶ 5} Plaintiff testified that she used her Amish quilt on special occasions for aesthetic purposes. The quilt, in its damaged condition, no longer has any aesthetic value to plaintiff.

{¶ 6} In support of its Objections to Magistrate’s Report, defendant contends that the magistrate ignored federal law and Federal Trade Commission regulations in entering her judgment.

CONCLUSIONS OF LAW

{¶ 7} A magistrate has been viewed as “an arm of the court,” whose decisions carry a “presumption of correctness,” but the trial court is by no means required to adopt the decision of a magistrate. Cox v. Cox (Feb. 16, 1999), Fayette App. No. CA98-05-007, at 3, 1999 WL 74573. When a party objects to the report of a magistrate, the court must conduct an independent analysis to ascertain whether the magistrate has properly determined the factual issues and then appropriately applied the law to those factual findings. Inman v. Inman (1995), 101 Ohio App.3d 115, 655 N.E.2d 199. Even if a party fails to object to a matter contained in the magistrate’s report, the court still has the discretion, if not the responsibility, to “critically review and verify to its own satisfaction the correctness of such a report.” Normandy Place Assoc. v. Beyer (1982), 2 Ohio St.3d 102, 105, 2 OBR 653, 443 N.E.2d 161; Cyr v. Cyr, Cuyahoga App. No. 84255, 2005-Ohio-504, 2005 WL 315375, at ¶ 11. The court’s review of the record is de novo. Cox, supra. Upon review, the court may “adopt, reject, or modify the magistrate’s decision, hear additional evidence, recommit the matter to the magistrate with instructions, or hear the matter.” Civ.R. 53(E)(4)(b).

{¶ 8} The relationship between a dry-cleaning business and its customer is considered a bailment for hire. Dixon v. Millhorn (1936), 55 Ohio App. 193, 8 O.O. 469, 9 N.E.2d 183. A bailee for hire has a duty to exercise ordinary care in the treatment of the bailor’s property. David v. Lose (1966), 7 Ohio St.2d 97, 36 O.O.2d 81, 218 N.E.2d 442. As part of the bailment contract, the bailee promises to return the bailor’s property to the bailor in an undamaged condition upon termination of the bailment. Id. In order to establish a prima facie case of breach of a bailee’s duty, the bailor merely needs to prove the existence of the bailment contract, delivery of bailed property to the bailee, and failure of the bailee to redeliver the bailed property in an undamaged condition. Id. Thus, in [39]*39the case of McFarland v. Forest Hills Cleaners (July 18, 1985), Cuyahoga App. No. 48774, 1985 WL 8560, the Eighth District upheld a judgment in favor of a dry-cleaning customer when the customer presented facts to indicate that he had delivered his coat to the cleaner pursuant to a bailment for hire and that the coat had sustained damage during the bailment. These facts were sufficient to permit the court to conclude that the damage had resulted from the cleaner’s negligence. Id. at 2, 1985 WL 8560.

{¶ 9} Once the bailor has established a prima facie case of breach of duty, the bailee must assert and prove some affirmative defense. Id. If it is known how the damage to the bailed property occurred, then “it is incumbent on the bailee to show that he acted reasonably in that regard.” Id. at 100, 36 O.O.2d 81, 218 N.E.2d 442.

{¶ 10} There is a dearth of case law in Ohio concerning the breach of bailment contracts by cleaners, but a review of cases from other jurisdictions provides further insight as to how the law is applied. In Mass v. Viemont Rug & Carpet Cleaning Co. (N.Y.App.1958), 9 Misc.2d 959, 173 N.Y.S.2d 963, plaintiffs sofa was damaged when the fabric ran as a result of defendant’s shampooing process. The cleaner was found to be negligent, despite the fact that he conducted a patch test prior to shampooing the sofa. The court reasoned that defendant was negligent in either performing his work or in performing the patch test. Id. at 960, 173 N.Y.S.2d 963. Several courts have imposed liability upon a cleaner when an agent for the cleaner made representations that the items in question could be successfully cleaned. Gugert v. New Orleans Indep. Laundries (La.App.1938), 181 So. 653; Brooks v. Angelo’s Cleaners (1984), 103 A.D.2d 923, 477 N.Y.S.2d 922; and Axelrod v. Wardrobe Cleaners, Inc. (La.App.1974), 289 So.2d 847. In Axelrod, the court noted that sometimes a prudent bailee may have to simply refuse to accept an item if the bailee has any doubt as to the advisability of dry cleaning the item.

{¶ 11} In the instant case, defendant holds itself out to be a professional dry-cleaning establishment. Although the owner testified as to the measures he took to check the colorfastness prior to putting the quilt in the dry-cleaning machine, there is no indication of whether those measures were adequate to fulfill industry standards. Defense exhibits A and B do not set forth the industry standards for dry cleaners in this respect; they merely explain the duties of garment makers.

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Related

Axelrod v. Wardrobe Cleaners, Inc.
289 So. 2d 847 (Louisiana Court of Appeal, 1974)
Gugert v. New Orleans Independent Laundries, Inc.
181 So. 653 (Louisiana Court of Appeal, 1938)
Cyr v. Cyr, Unpublished Decision (2-10-2005)
2005 Ohio 504 (Ohio Court of Appeals, 2005)
Inman v. Inman
655 N.E.2d 199 (Ohio Court of Appeals, 1995)
Turner v. Sinha
582 N.E.2d 1018 (Ohio Court of Appeals, 1989)
Maloney v. General Tire Sales, Inc.
296 N.E.2d 831 (Ohio Court of Appeals, 1973)
Welch v. Smith
717 N.E.2d 741 (Ohio Court of Appeals, 1998)
Dixon v. Millhorn
9 N.E.2d 183 (Ohio Court of Appeals, 1936)
Cooper v. Feeney
518 N.E.2d 46 (Ohio Court of Appeals, 1986)
Brooks v. Angelo's Cleaners
103 A.D.2d 923 (Appellate Division of the Supreme Court of New York, 1984)
Mass v. Viemont Rug & Carpet Cleaning Co.
9 Misc. 2d 959 (Appellate Terms of the Supreme Court of New York, 1958)
David v. Lose
218 N.E.2d 442 (Ohio Supreme Court, 1966)
Normandy Place Associates v. Beyer
443 N.E.2d 161 (Ohio Supreme Court, 1982)
Poole v. Christian
411 N.E.2d 513 (Hamilton County Municipal Court, 1980)

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Bluebook (online)
847 N.E.2d 75, 136 Ohio Misc. 2d 34, 2005 Ohio 7145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/himmelsbach-preston-v-royal-custom-cleaners-ohmunictclermon-2005.