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Jacobs v. Gateway Property Management4/28/2005
{ } Appellant Carlton Jacobs appeals pro se the trial court's order granting summary judgment in favor of Gateway Property Management ("Gateway"). He assigns the following errors for our review:
I. Genuine issues of material fact failed in Court records showed in pretrial hearing presented before trial date submitted to Defendant's attorney before trial could have been used at trial "medical records", "medical bills" medical history could show extend of damage prior complaint of back condition. Appellant wishes to apologize to lower court for not expressing "objection" rather than "appealing" court proceeding. "Judge" couldn't advocate on behalf of "Plaintiff/Appellant".
II. No specifically designated assignment of error are required to substain validity of appeal but setting forth in brief of certain proposition of law applicable to facts of case together with argument that such proposition require reversal of lower court judgment constitutes assignment of error that such judgment is contrary to law under liberal construction given remedial statutes. Carr v. Marion Masonic Temple Co. (Marion 1940) 67 Ohio App. 521, 37 N.E.2d 974, 34 Ohio Law ABS 331 210.0549.
{ } Having reviewed the record and pertinent law, we affirm the trial court's decision. The apposite facts follow.
{ } On April 3, 2001, Jacobs filed a complaint against Gateway alleging he suffered an injury as a result of a fall in his apartment. Jacobs specifically alleged that on April 26, 2000, a leaky pipe, which he had previously reported to the management company, burst, causing him to slip and fall in the water leaking on the floor. Jacobs further alleged he suffered back injuries as a result of the fall.
{ } Gateway requested medical records documenting the injuries Jacobs sustained. On February 11, 2002, after numerous requests for medical records, Gateway filed a motion to compel. Thereafter, on May 7, 2002, Jacobs voluntarily dismissed the case without prejudice.
{ } On May 7, 2003, Jacobs re-filed his complaint. The trial court set both a discovery deadline and an expert witness deadline for October 17, 2003. However, Jacobs did not provide any medical records and did not provide an expert witness. Thereafter, on January 5, 2004, Gateway filed its motion for summary judgment arguing that they had no duty to Jacobs and that the alleged defect in his apartment was open and obvious. On March 3, 2004, the trial court denied the motion for summary judgment and ordered Jacobs to respond to Gateway's discovery requests.
{ } On May 26, 2004, Gateway filed a motion to dismiss for want of prosecution, or in the alternative, a motion in limine to preclude Jacobs from offering expert testimony on liability and medical damages. On the scheduled day of trial, Jacobs had not presented any expert testimony as to the proximate cause of his injuries. Consequently, the trial court granted Gateway's motion for summary judgment. Jacobs now appeals.
{ } Jacobs' two assigned errors will be discussed together. Jacobs essentially argues the trial court erred in granting summary judgment in favor of Gateway because there existed genuine issues of fact regarding whether the slip and fall caused his back injuries. We disagree.
{ } We consider an appeal from summary judgment under a de novo standard of review. Accordingly, we afford no deference to the trial court's decision and independently review the record to determine whether summary judgment is appropriate. Under Civ.R. 56, summary judgment is appropriate when: (1) no genuine issue as to any material fact exists, (2) the party moving for summary judgment is entitled to judgment as
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