Metzger v. Strongsville Care Group, LLC (8th Dist.), 2025-Ohio-1732
On May 15, 2025, the Ohio 8th District Court of Appeals held that when a judge takes over a case for another judge, the successor judge cannot rely on a hearing transcript in their ruling when the credibility of witnesses is at issue.
The defendants moved the trial court to enforce an arbitration agreement. The trial court held a hearing on the matter where the key issue was whether or not the signatory actually signed the arbitration agreement. The defendant’s executive director testified that she witnessed the signatory sign the agreement. The signatory testified that she did not sign the agreement. After the hearing and prior to the decision, a different judge was assigned to the case, replacing the previous trial judge. The successor judge relied on the hearing transcript to issue the ruling that this case should be stayed pending enforcement of the arbitration agreement.
The plaintiff appealed, arguing that the trial court erred procedurally when the successor judge rendered judgment based on the transcript when credibility was a factor. The 8th District Court of Appeal held that the transcript of the hearing contained conflicting testimony, which would be difficult to evaluate without physical observation of the witnesses. Thus, credibility is implicit within the analysis of whether the signatory signed the arbitration agreement, and the successor judge cannot rely on the transcript when making that determination. The District Court remanded the case for a new hearing on the motion to stay and enforce the arbitration agreement.
