Hackerd v. Miller

Richard Hackerd brought a negligence action for monetary damages, in Lakewood Municipal Court, against his neighbor, Tracy Miller. Hackerd claimed that as Miller negligently backed out of a parking space, her vehicle struck the right rear quarter panel of his automobile.

After a hearing, the referee made the following findings of fact and conclusions of law to which Hackerd timely objected:

"FINDINGS OF FACT

"1. Plaintiff is the titled owner of a 1986 Ford which was involved in a motor vehicle accident on June 12,1989 in Lakewood, Ohio.

"2. Plaintiff failed to prove that defendant was negligent…