Robinson v. C & L Associates, L.L.C.

936 N.E.2d 546, 188 Ohio App. 3d 649
CourtOhio Court of Appeals
DecidedJuly 2, 2010
DocketNo. 23672
StatusPublished

This text of 936 N.E.2d 546 (Robinson v. C & L Associates, L.L.C.) 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
Robinson v. C & L Associates, L.L.C., 936 N.E.2d 546, 188 Ohio App. 3d 649 (Ohio Ct. App. 2010).

Opinion

Grady, Judge.

{¶ 1} Plaintiff-appellant, Teressa Robinson, appeals from an order of the court of common pleas that granted the motion of defendant-appellee, C & L Associates, for a summary judgment in an action Robinson commenced on a claim for personal injuries.

{¶ 2} On April 7, 2006, C & L Associates, L.L.C. (“C • & L”) leased an apartment in its Erica Court apartment complex to Robinson for a term of one year. Within one month after her occupancy began, Robinson experienced problems with the oven in the apartment that C & L had provided. The door to the oven stuck when Robinson attempted to open it.

{¶ 3} Robinson first reported the problem with the oven door to Patricia Yates, C & L’s manager of the apartment complex, in May 2006. Yates told Robinson that the problem would be fixed. Robinson also reported the oven problem to the maintenance manager at the apartment complex. Robinson testified that she reported the problem to Yates on two occasions and to the maintenance manager on at least three occasions between May and November 2006. During that time, the condition of the oven door continued to deteriorate, making it more difficult to open. C & L never acted to repair the door of the oven in Robinson’s apartment.

{¶ 4} On October 27, 2006, following several months of negotiations, C & L sold and conveyed its title to the Erica Court apartment complex to OMC Erica Court YML, L.L.C., and OMC Erica Court MH, L.L.C. (collectively, “OMC”). OMC hired TNC Property Management to manage the apartment complex. Five days later, on November 1, 2006, Robinson suffered burns to her arm when the oven door again stuck as she attempted to open it, causing Robinson to accidentally fall against the hot inner surface of the oven door.

[652]*652{¶ 5} On October 31, 2008, Robinson commenced an action against C & L, OMC Erica Court YML, TNC Property Management, and C & M Apartments L.L.C., on claims for relief alleging negligence and nuisance. C & L filed a motion for summary judgment on Robinson’s claims for relief, which the trial court granted on August 31, 2009. Robinson voluntarily dismissed her claims against the remaining defendants in the action, with prejudice, and filed a timely notice of appeal.

ASSIGNMENT OF ERROR

{¶ 6} “The trial court erred in granting the motion for summary judgment of defendant-appellee, C & L Associates, LLC.”

{¶ 7} When reviewing a trial court’s award of summary judgment, an appellate court conducts a de novo review. Grafton v. Ohio Edison Co. (1996), 77 Ohio St.3d 102, 105, 671 N.E.2d 241. “De Novo review means that this court uses the same standard that the trial court should have used, and we examine the evidence to determine whether as a matter of law no genuine issues exist for trial.” Brewer v. Cleveland City Schools Bd. of Edn. (1997), 122 Ohio App.3d 378, 383, 701 N.E.2d 1023, citing Dupler v. Mansfield Journal Co. (1980), 64 Ohio St.2d 116, 119-120, 18 O.O.3d 354, 413 N.E.2d 1187. Therefore, the trial court’s decision is not granted any deference by the reviewing appellate court. Brown v. Scioto Cty. Bd. of Commrs. (1993), 87 Ohio App.3d 704, 711, 622 N.E.2d 1153.

{¶ 8} “The appositeness of rendering a summary judgment hinges upon the tripartite demonstration: (1) that there is no genuine issue as to any material fact; (2) that the moving party is entitled to judgment as a matter of law; and (3) that reasonable minds can come to but one conclusion, and that conclusion is adverse to the party against whom the motion for summary judgment is made, who is entitled to have the evidence construed most strongly in his favor.” Harless v. Willis Day Warehousing, Inc. (1978), 54 Ohio St.2d 64, 66, 8 O.O.3d 73, 375 N.E.2d 46. See also Civ.R. 56(C).

{¶ 9} C & L moved for summary judgment, contending that it owed no duty of care to Robinson on the date the accident occurred. The trial court granted C & L’s motion, explaining:

{¶ 10} “Here, Robinson does not contest that C & L sold its ownership interest in the subject property to OMC Erica Court YML, LLC and OMC Erica Court MH, LLC prior to Robinson’s injury. At the time of Robinson’s injury, C & L had relinquished occupation, control, and possession of the subject property. It is clear that C & L was not the owner at the time of Robinson’s injury and there is no evidence to suggest that C & L was the landlord of the property, as defined [653]*653by Ohio landlord tenant laws, at the time of Robinson’s injury. As such, C & L did not have a duty to comply with Ohio Revised Code § 5321.04.
{¶ 11} “Further, this Court finds that the record does not contain an express promise by C & L to make repairs. Thus, Robinson’s argument that C & L had a continuing duty despite the sale of the apartment complex is not well taken. As a result, C & L owed Robinson no duty and Robinson cannot recover for negligence.”

{¶ 12} The lease agreement between C & L and Robinson imposed no express duty on C & L to repair the door to the oven in Robinson’s apartment. However, Robinson’s claim for relief against C & L for negligence arises out of C & L’s alleged breach of a duty imposed on C & L by operation of law in the Landlords and Tenants Act, R.C. Chapter 5321. The issue is whether C & L’s sale of the property five days before Robinson was injured relieves C & L of any liability for the alleged breach.

{¶ 13} R.C. 5321.04(A) provides:

{¶ 14} “A landlord who is a party to a rental agreement shall do all of the following:
{¶ 15} “(2) Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition;
{¶ 16} “ * * *
{¶ 17} “(4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances, and elevators, supplied or required to be supplied by him.”

{¶ 18} “R.C. 5321.04 imposes duties on the landlord to make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. Furthermore, the purpose of the statute is to protect persons using rented residential premises from injuries.” Shroades v. Rental Homes, Inc. (1981), 68 Ohio St.2d 20, 25, 22 O.O.3d 152, 427 N.E.2d 774. Therefore, “[a] landlord is liable for injuries, sustained on the demised residential premises, which are proximately caused by the landlord’s failure to fulfill the duties imposed by R.C. 5321.04.” Id. at syllabus. “In an action for personal injuries to a tenant proximately caused by a violation of a landlord’s statutory duty under R.C. 5321.04, the landlord is negligent per se.” Anderson v. Ceccardi (1983), 6 Ohio St.3d 110, 6 OBR 170,

Related

Brewer v. Cleveland City Schools Board of Education
701 N.E.2d 1023 (Ohio Court of Appeals, 1997)
Brown v. Scioto Cty. Bd. of Commrs.
622 N.E.2d 1153 (Ohio Court of Appeals, 1993)
Sabolik v. HGG Chestnut Lake Ltd. Partnership
906 N.E.2d 488 (Ohio Court of Appeals, 2009)
Allstate Ins. Co. v. Henry, Ca2006-07-168 (5-29-2007)
2007 Ohio 2556 (Ohio Court of Appeals, 2007)
Steele v. McNatt
657 N.E.2d 575 (Ohio Court of Appeals, 1995)
Harless v. Willis Day Warehousing Co.
375 N.E.2d 46 (Ohio Supreme Court, 1978)
Dupler v. Mansfield Journal Co.
413 N.E.2d 1187 (Ohio Supreme Court, 1980)
Shroades v. Rental Homes, Inc.
427 N.E.2d 774 (Ohio Supreme Court, 1981)
Anderson v. Ceccardi
451 N.E.2d 780 (Ohio Supreme Court, 1983)
Village of Grafton v. Ohio Edison Co.
77 Ohio St. 3d 102 (Ohio Supreme Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
936 N.E.2d 546, 188 Ohio App. 3d 649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-c-l-associates-llc-ohioctapp-2010.