Marks v. Welch

2025 Ohio 5362
CourtOhio Court of Appeals
DecidedDecember 1, 2025
DocketCA2024-06-010
StatusPublished

This text of 2025 Ohio 5362 (Marks v. Welch) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marks v. Welch, 2025 Ohio 5362 (Ohio Ct. App. 2025).

Opinion

[Cite as Marks v. Welch, 2025-Ohio-5362.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

CLINTON COUNTY

MICHAEL MARKS, : CASE NO. CA2024-06-010 Appellant, :

: OPINION AND - vs - JUDGMENT ENTRY : 12/1/2025

SKYE M. WELCH, :

Appellee. :

CIVIL APPEAL FROM CLINTON COUNTY MUNICIPAL COURT Case No. CVE 2200104

Benson & Sesser, LLC, and Mark D. Tolles, II and Sarah A. Kuntz, for appellant.

Shawn M. Blatt, for appellee.

____________ OPINION

BYRNE, P.J.

{¶ 1} Michael E. Marks appeals from the decision of the Clinton County Municipal

Court on his civil complaint for damages resulting from an automobile collision. For the

reasons described below, we affirm the trial court's decision. Clinton CA2024-06-010

I. Factual and Procedural Background

A. The Accident and Vehicle Repair

{¶ 2} In December 2020, Marks purchased a new 2020 Hyundai Elantra SE

automobile for $20,550. The vehicle had 76 miles on the odometer at the time of the

purchase.

{¶ 3} On January 20, 2021, Marks was driving the Elantra in Wilmington, Ohio

when it was hit from behind by a vehicle driven by Skye M. Welch. The record is

undisputed that Welch failed to maintain an assured clear distance between her vehicle

and the Elantra, and that Welch was responsible for the accident.

{¶ 4} The accident occurred at low speeds and was minor. Essentially, the

Elantra's bumper suffered minor cosmetic damage. Police responded and took an

accident report. Marks was able to drive the vehicle away from the accident. The record

reflects that the Elantra's mileage was approximately 3,000 on the date of the accident. 1

{¶ 5} Marks continued driving the unrepaired Elantra for several months. In May

2021, Marks had the Elantra repaired at a collision center. The repair involved

replacement of the bumper and "lower cover," painting, and certain costs related to

installation. The repair cost totaled $1,828.50. Marks paid out of pocket for the repairs,

apparently due to difficulties in dealing with Welch's insurance company.

{¶ 6} During the time the Elantra was being repaired, Marks rented a vehicle. He

paid, out of pocket, $464.45 in rental fees.

B. Complaint and Release of Claims

{¶ 7} In March 2022, Marks filed a complaint against Welch in the Clinton County

Municipal Court, asserting three claims for negligence, titled "negligence/personal injury,"

1. Marks worked as a courier and used the Elantra for this work, which explains the significant mileage gained on the vehicle in the roughly six weeks between the purchase date and accident date. -2- Clinton CA2024-06-010

"negligence/property damage," and "negligence per se." Relevant to this appeal, Marks

requested that the court award him compensatory damages for bodily harm, for damages

related to the repair of the Elantra, for damages relating to the loss of use of the Elantra,

and for pre- and post-judgment interest.

{¶ 8} In January 2023, Marks signed a "Full Release of All Claims with Indemnity"

("the Release"). In return for payment of $2,500, Marks agreed to broadly release Welch

from:

any and all claims, actions, causes of actions, demands, rights, damages, costs, loss of wages, expenses, hospital and medical expenses, loss of consortium, loss of service, any and all claims for interest accruing on the settlement, including, without limitation, all claims for interest pursuant to Ohio Revised Code 1343.03 and any compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of an accident which occurred on or about 1/20/2021 at or near Main St, Wilmington OH.

{¶ 9} Apparently, the parties intended for the Release to only apply to Marks'

claims for bodily injury and did not intend for the Release to apply to his property damage

claims, though this is not specified in writing anywhere on the Release. Regardless, the

parties proceeded as if the Release was restricted to Mark's bodily injury claims and the

matter proceeded to a trial on other contested issues.

C. Pretrial Stipulations

{¶ 10} Before trial, Marks and Welch stipulated that Marks was entitled to damages

for the Elantra repair in the amount Marks paid to the collision center ($1,828.50) as well

as reimbursement for his rental expenses in the amount Marks paid to the car rental

company ($464.45). The issues the parties identified as remaining for trial (which are

relevant to this appeal) were Welch's claim for residual diminished value (essentially, the

loss in value to his vehicle due to it being in an accident and having been repaired) and

-3- Clinton CA2024-06-010

his claim for lost wages while the vehicle was being repaired and while he attended his

deposition and court dates.

D. The Trial

1. Marks' Case

a. Marks' Testimony

{¶ 11} Marks testified about purchasing the Elantra, the price he paid, and the

costs associated with the Elantra's repair. Marks testified that he bought the Elantra

because the Hyundai brand retained its value and his plan was to trade the Elantra in for

another vehicle after it reached a certain mileage. Marks testified that he was claiming

damages for lost wages associated with a three-day period when he was unable to use

his rental car to make courier deliveries and when he had to appear at his deposition and

court dates. On cross-examination, Marks agreed that he signed the Release and that he

signed it upon the recommendation of counsel.

b. Josh Roberts' Testimony

{¶ 12} Josh Roberts testified that he was a licensed auctioneer and real estate

salesperson/broker in Ohio. He worked for a company that specialized in liquidating

estates and businesses and also operated an automobile auction. In his work, he routinely

provided opinions as to the value of vehicles in estates. The court recognized Roberts as

an expert. However, the court did not specify in what area it found Roberts qualified as

an expert. Presumably the court recognized Robert as an expert in the valuation of

automobiles.

{¶ 13} Roberts testified that he reviewed information concerning the Elantra,

including photographs, the title, the VIN number, estimated mileage on the date of the

accident, and the fact that the car had been recently purchased prior to the accident.

{¶ 14} Roberts explained his methodology of arriving at his opinion, which was

-4- Clinton CA2024-06-010

reviewing online vehicle sales, Kelley Blue Book, and Edmunds NADA car values.

{¶ 15} Roberts testified that in his opinion and based on his internet research, the

Elantra, before the collision, was valued between $17,500 and $19,000 in a "retail

setting." For a trade-in value, Roberts found ranges between $15,000 to $17,000. From

these trade-in values, Roberts used the amount of $15,433 as a "placeholder" because

the vehicle had been in an accident but was in "fair" condition even after the accident.

Roberts explained the next part of his analysis:

At that time then we took off the repair estimate.

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Cite This Page — Counsel Stack

Bluebook (online)
2025 Ohio 5362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marks-v-welch-ohioctapp-2025.