Legal Opinion

Eckman v. Columbia Oldsmobile, Inc.

Ohio Court of Appeals

Decided December 20, 1989No. C-880668PublishedCited by 18 opinions

1Per curiam

Plaintiffs-appellants, Rickey and Vickie Eckman, appeal from the summary judgment granted by the trial court in favor of defendant-appellant, Columbia Oldsmobile, Inc. (“Columbia Olds”). The Eckmans claim that the trial court erred in dismissing their complaint on the ground that they had elected rescission of their purchase of a new automobile and therefore were not entitled to recover damages under the Ohio Consumer Sales Practices Act, R.C. 1345.01 et seq. (“OCSPA”). Because we hold that the remedies of rescission and recovery of damages are mutually exclusive, even when multiple…

2Cases cited4 opinions

  1. Pembaur v. LeisOhio Supreme Court · 1982
  2. Einhorn v. Ford Motor Co.Ohio Supreme Court · 1990
  3. Mid-America Acceptance Co. v. LightleOhio Court of Appeals · 1989
  4. Freitag v. Bill Swad DatsunOhio Court of Appeals · 1981

3Cited by18 opinions

  1. Fed. Sec. L. Rep. P 98,191 General Acquisition, Inc. v. Gencorp, Inc., Shearson Lehman Brothers, Inc., Wagner & BrownCourt of Appeals for the Sixth Circuit · 1994
  2. Charvat v. NMP, LLCCourt of Appeals for the Sixth Circuit · 2011
  3. Crye v. SmolakOhio Court of Appeals · 1996
  4. Malkamaki v. Sea Ray Boats, Inc.District Court, N.D. Ohio · 2005
  5. Cartwright v. Beverly Hills FloorsOhio Court of Appeals · 2013

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