Friday First District Roundup 4-30-21

Leticia Crenshaw v. Michael J.'s Auto Sales 
Case #C200154
Quote from Judge Winkler's Opinion:
Defendant-appellant Michael J.’s Auto Sales (“Michael J.’s”) appeals the judgment of the trial court entered in favor of plaintiff-appellee Leticia Crenshaw. The trial court held that Michael J.’s breached its agreement to repair Crenshaw’s vehicle, and that Michael J’s violated the Ohio Consumer Sales Practices Act (“OCSPA”). For the reasons that follow, we affirm in part as to the trial court’s judgment holding that Michael J.’s breached its agreement to repair, but we reverse as to the OCSPA violations.
Crenshaw purchased a used 2005 Nissan Murano from Michael J.’s in late July 2018. The bill of sale contained an “as-is” clause, disclaiming any implied warranties. Contemporaneously with Crenshaw’s purchase, Michael J.’s and Crenshaw also entered into a separate agreement entitled the “we owe” agreement. The “we owe” agreement is a preprinted form prepared by Michael J.’s for work to be completed by its service department. In the “we owe” agreement, Michael J.’s agreed to perform repair work on the Nissan’s exhaust, air conditioning, brake pads, hood latch release, and glove box. 


Kathy Jill Hersley [et al] v. Christ Hospital, Abubakar Atiq Durrani, M.D., et al. 
Case #C200056 
Quote from Judge Zayas' Opinion:
In this collection of appeals, consolidated for opinion purposes, appellants ask us to overturn our prior authority concerning what constitutes a medical claim, as defined in R.C. 2305.113, for the purpose of the medicalmalpractice statute of repose. We find no reason to overturn our prior precedent, and we apply our recent decision in Couch v. Durrani, 1st Dist. Hamilton Nos. C1906703, C-190704, C-190705, C-190706 and C-190707, 2021-Ohio-726, to resolve these comparable issues stemming from The Christ Hospital’s alleged involvement in the alleged widespread malpractice committed by Dr. Abubakar Atiq Durrani. Therefore, we affirm the judgments of the trial court. Factual and Procedural
Background
These consolidated appeals represent eight of over hundreds of cases filed against Dr. Abubakar Atiq Durrani and the area hospitals where he performed hundreds of allegedly improper and unnecessary surgeries over the course of several years. The following facts were set forth by the appellants in their respective complaints. 


State of Ohio v. David Rouzier  
Case #C200040
Quote from Judge Winkler's Opinion:
Defendant-appellant David Rouzier appeals his convictions for the unlawful restraint and assault of Bobbie Johnson. Rouzier was convicted after a bench trial. We affirm the findings of guilt, but reverse the sentences because the trial court failed to provide Rouzier with the right of allocution. Facts and
Procedural History Johnson met Rouzier on the evening of September 6, 2019, at the Madeira house he shared with his mother Robin Jones. Rouzier previously agreed to give Johnson property her daughter had left behind in Rouzier’s car after an argument. In exchange, Johnson had agreed to give Rouzier $100.