Discover Bank v. Hanson

Summary

The Ohio Second District Court of Appeals affirmed summary judgment for Discover Bank in an action to collect a credit card debt. The court held that the affidavit and account records submitted by Discover were properly authenticated and admissible under the business-records exception to the hearsay rule. The court further concluded that Discover established the account, governing agreement, balance, and default, while Hanson failed to present specific evidence creating a genuine issue of material fact.

Holdings

1. The account statements and cardmember agreement were properly authenticated and admissible under the business-records exception to the hearsay rule because Moore demonstrated personal knowledge of Discover's record-keeping system and established that the records were maintained in the ordinary course of business.
2. Discover was entitled to summary judgment because its affidavit, cardmember agreement, and account statements established the existence of a binding credit-card contract, Hanson's ownership and use of the account, the running balance, default, and damages, while Hanson identified no evidence creating a genuine issue of material fact.

Questions Presented

1. Whether Moore's affidavit and the attached credit-card records were properly authenticated and admissible under Ohio Evid.R. 901, Evid.R. 803(6), and Civ.R. 56.
2. Whether genuine issues of material fact concerning the validity, amount, ownership, or enforceability of the alleged credit-card debt precluded summary judgment.

Disposition

affirmed