Marisa Ross has emerged victorious in a legal battle that underscores the complexities of negligent entrustment claims. On November 24, 2025, the Court of Appeals of Ohio’s Eleventh Appellate District upheld a judgment against Timothy Moore, affirming his liability for damages amounting to $4,090.14. The case was initially filed by Ross on November 7, 2024, in the Painesville Municipal Court, where she accused Moore of negligently entrusting his vehicle to an individual who caused damage to her property.
The origins of this legal dispute trace back to July 23, 2024, when Justin White used Moore’s vehicle to intentionally crash into Ross’s car. Despite White being charged with a crime for his actions, no restitution was ordered as part of his sentence. According to court documents, Moore was hospitalized at the time and unaware that White had taken his vehicle. However, Ross contended that Moore should have known about White’s mental instability and erratic behavior prior to allowing him access to the car. The trial court found merit in Ross’s argument and ruled that Moore’s negligence directly resulted in the damage to her vehicle.
Ross initially faced setbacks when a magistrate ruled in favor of Moore after determining she failed to prove negligent entrustment. Undeterred, Ross filed objections and presented additional evidence which led the trial court to reconsider its decision. The trial court concluded that Moore knowingly permitted White—despite his history of mental health issues—to operate the vehicle and thereby caused damage through negligent entrustment.
Moore challenged this ruling on appeal but encountered procedural hurdles due to incomplete records. His failure to provide transcripts from both the magistrate’s trial and subsequent proceedings weakened his appeal. As stated by Judge Eugene A. Lucci in the appellate opinion: “The duty to provide a transcript for appellate review falls upon the appellant.” Without these crucial documents, Moore could not substantiate claims of judicial error or contest findings effectively.
Ultimately, the appellate judges—Eugene A. Lucci, John J. Eklund, and Scott Lynch—unanimously concurred with the lower court’s decision affirming Ross’s victory and dismissed Moore’s appeal citing lack of evidence against the original judgment.
This case highlights critical aspects surrounding claims of negligent entrustment and serves as a cautionary tale regarding responsibilities tied with vehicle ownership and lending practices.
Attorneys involved include Monica R. Zibbel representing Marisa Ross from Forbes Law LLC located in Painesville; Samuel R. Smith II represented Timothy Moore from Cleveland. Judges presiding over this case were Eugene A. Lucci, John J. Eklund, and Scott Lynch under Case No. 2025-L-051.
Source: 25CA5288_Ross_v_Moore_Opinion_Ohio_Court_of_Appeals.pdf
