T | | ‘COURT OF COMMON PLEAS 136965958 “HAMILTON COUNTY, OHIO WILLIAM CHAPEL, ) CASE No. 41904329 ) Plaintiff, , Judge Ruchiman bEC 22 202 vs. ) - ) WHEELER GROWTH COMPANY = )-—_—s FINAL JUDGMENT ENTRY LLC, et al. ) ) Defendants. ) This matter came before the Court on a four-day bench trial beginning on November 28, 2022. Having heard the evidence and testimony and arguments of counsel, judgment is hereby entered in the total amount of $222,836.53 in favor of Plaintiff, William Chapel, and against Defendant, Wheeler Growth Company, LLC. Pursuant hereto, it is hereby ORDERED, ADJUDGED AND DECREED as follows: 1. Defendants Mark Schlichter, Millstone Valley Contracting, LLC, and John Wayne’s Tree Service & Property Maintenance, LLC, at all times relevant in this action, were acting in the scope of their agency of Wheeler Growth Company, LLC, and their actions were directed, authorized and ratified by Wheeler Growth Company, LLC. Accordingly, the Court finds that this Judgment is entered only against Defendant Wheeler Growth Company, LLC. 2. Defendant Wheeler Growth Company, LLC, without privilege to do so, acted recklessly and cut down and destroyed the black walnut tree on Plaintiff's Property (“Property”) by and through its agents, said actions of Mark Schlichter, Millstone Valley Contracting, LLC and John Wayne's Tree Service & Property Maintenance, LLC were directed, authorized and ratified by Defendant, Wheeler Growth Company, LLC. 3. Defendant Wheeler Growth Company, LLC, acting by and through its agents, performed an unauthorized and intentional act and made unlawful entry upon Plaintif’s Property (“Property”) and such intrusion interfered with Plaintiff's right of exclusive possession of his Property. See Keesecker v. G.M. McKelvey Co. (1943), 141 Ohio St. 162, 166. Defendant Wheeler Growth Company, LLC, acted by and through its agents in the ‘occupation and trespass of Plaintiff s Property, which actions of Mark Schlichter, Millstone Valley Contracting, LLC and John Wayne’s Tree Service & Property Maintenance, LLC were directed, authorized and ratified by Defendant Wheeler Growth Company, LLC. TheCourt finds by clear and convincing evidence that Defendant, Wheeler Growth Company, LLC, in its direction and authorization of the occupation and trespass upon Plaintiff's Property acted with a positive element of conscious wrongdoing and actual malice and by its actions demonstrated a conscious disregard for the rights and safety of Plaintiff William Chapel that had a great probability of causing substantial harm. See Preston v. Murty, 32 Ohio St. 34 334, 336 (1987); Malone v. Courtyard by Marriott, T4 Ohio St. 34 440, 440 (1996). . Judgment is entered in favor of Plaintiff William Chapel against Defendant Wheeler Growth Company, LLC, in the of amount of $4,400.00 as compensatory damages, as follows: (i) $2,000.00 for the black walnut tree destroyed on Plaintiff's Property; (ii) {$1,500.00 for the use and occupation of Plaintiff's Property, and (iii) $900.00 for ‘unauthorized removal of Plaintiff's fence panels. . Pursuant to O.R.C. § 901.51, and as a result of Defendant Wheeler Growth Company, LLC's actions, by and through its agents, of acting recklessly and cutting down and destroying Plaintiff's black walnut tree, without privilege to do so, is liable to Plaintiff in tteble damages for the destruction Plaintiff's black walnut tree in the total amount of $6,000.00, However, because this trebling would be duplicative of the punitive damages awarded under paragraph 6, below, an additional amount is not added to the compensatory or statutory damages total in this paragraph. It is, however, otherwise appropriate were punitive damages not awarded and capped under R.C. §2315.21. . The Court finds that Plaintiff established by clear and convincing evidence that Defendant, Wheeler Growth Company, LLC, in its authorization of the occupation and trespass upon Plaintiff's Property, acted with actual malice and the Court finds that Plaintiff thereby established by clear and convincing evidence that Plaintiff is entitled to recover punitive damages and awards such punitive damages in favor of Plaintiff and against Defendant, Wheeler Growth Company, LLC in the amount of $8,800.00, which amount is two times the amount of compensatory damages awarded to Plaintiff pursuant to O.R.C. §2315.21. See paragraph 4. . As a result of the award of punitive damages against Defendant, Wheeler Growth Company, LLC, for its trespass against Plaintiff, the Court also finds that Plaintiff is entitled to recover its attomey’s fees incurred as a result of its prosecution of this action as well as its additional attomey’s fees incurred as @ result of any appeals from this Judgment and/or collection proceedings instituted as a result of this Judgment. Pursuant to a hearing conducted on December 13, 2022, this Court received evidence and arguments of counsel on the attorney fees reasonably incurred by Plaintiff in prosecuting this action and, finding that the rates as set forth in the Plaintiff's Motion for Attorney's Fees are fair and reasonable and that the hours expended in prosecution of this action, as well as the costs and expenses incurred, are fair and reasonable, the Court hereby ORDERS an award of attomey’s fees in favor of Plaintiff William Chapel against Defendant Wheeler Growth Company, LLC, in the amount of $191,984.00 and an awardof costs and expenses in the amount of $17,652.53 for the fees and expenses reasonably incurred in the prosecution of this action. 9. Costs of this action are assessed against the Defendant Wheeler Growth. 10, THEREFORE, the total amount of the Judgment in favor of Plaintiff William Chapel and against Defendant Wheeler Growth Company, LLC, is $222,836.53, plus costs, which amount represents: (j) the compensatory damages in the amount of $4,400.00, see paragraph 4; (ii) punitive damages in the amount of $8,800.00, see paragraph 5; and (iii) attomey’s fees and expenses in the amount of $209,636.53, see paragraph 8. This judgment resolves all claims against all parties. IT IS SO ORDERED. JUDGE ROBERT P RUB COURT OF COMMON FEN HAMILTON COUNTY, OHIO