Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Segal v. Zehman-Wolf Management, Inc.
Citations: 743 N.E.2d 425; 139 Ohio App. 3d 146Docket: No. 77306.
Court: Ohio Court of Appeals; July 5, 2000; Ohio; State Appellate Court
Loren Segal, the plaintiff-appellant, filed an appeal against Zehman-Wolf Management, Inc., her landlord, after the trial court granted a motion for summary judgment in favor of the appellee. The underlying case arose from a rape incident in Segal's apartment on January 27, 1997, leading her to claim that inadequate security by the landlord constituted a violation of R.C. 5321.04. Segal filed her complaint on March 25, 1999, arguing that the landlord's failure to provide security resulted in her attack. The landlord's motion for summary judgment argued that Segal's claim was essentially one for bodily injury, subject to a two-year statute of limitations under R.C. 2305.10. In contrast, Segal maintained that her claim was based on a statutory duty under R.C. 5321.04, thus invoking the six-year statute of limitations found in R.C. 2305.07. The trial court ruled in favor of the landlord, determining that the two-year limit applied. On appeal, the court concluded that the trial court did not err in its decision. It reasoned that while R.C. Chapter 5321 aimed to enhance tenant rights, it did not create new liabilities but rather expanded existing common law rights. The court referenced previous rulings indicating that a statutory modification of a common law claim does not equate to a new cause of action. Thus, Segal's claim was governed by the two-year statute of limitations for bodily injury. The court affirmed the trial court's judgment, ordered Segal to pay the appellee's costs, and mandated the execution of the judgment. The judges involved agreed with the final decision.