Date: 05-14-1997

Case Style: Roger Garza, et al. v. Clarion Hotel, Inc., et al.

Case Number: C-960316

Judge: Unknown

Court: Hamilton County Court of Common Pleas

Plaintiff's Attorney: William P. Whalen, Cincinnati

Defendant's Attorney: Lawrence E. Barbiere of Schroeder, Maundrell, Barbiere & Powers, Cincinnati, Ohio

Description: False imprisonment and malicious prosecution claims by two exhibitors at a firefighters' convention in Cincinnati. Both men sold hydraulic rescue equipment used to rescue trapped accident victims. Firefighters were major customers of this product. Plaintiff were with a group who were having drinks at the Top of the Crown in defendant's hotel as guests of one Harrison. The group left the bar without paying the tab. A hotel employee called security and was able to identify Graza and Simon as two of the men in the group which had left without paying. A guard arrested both of the men. Despite the fact that plaintiffs told the hotel that Harrison had agreed to pay the bill. Simon offered to pay the bill but the night manager insisted that charges be pressed against the men. Later Harrison learned that a charge had been made against his room for the entirety of the bill. Despite the fact that Harrison paid the bill when he check out, Garza and Simon were tried for theft, and were acquitted. Garza and Simon brought suit. The trial court granted summary judgment to all defendants on the malicious-prosecution claim, but alled the false-imprisonment claim to preceed to trial.

Outcome: Verdict for plaintffs for $12,000.00.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: The judgment of the trial court was reversed by the Court of Appeals of Ohio, First District, Hamilton County, because the trial court erred in granting summary judgment in favor of all defendants on plaintiffs' claims. See: 695 N.E.2d 211 (Ohio.App. 1 Dist. 1997). The date shown above is not the trial date but the date of the appellate decision.