Ridgeway v. Ohio Bur. of Workers Comp.
CourtOhio Court of Appeals
Date FiledOctober 29, 2026
Docket116666
JudgeRyan
StatusPublished
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Full Opinion
[Cite as Ridgeway v. Ohio Bur. of Workers Comp., 2026-Ohio-4291.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
HOWARD RIDGEWAY, :
Plaintiff-Appellant, :
No. 116666
v. :
OHIO BUREAU OF WORKERS :
COMPENSATION, ET AL.,
:
Defendants-Appellees.
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: October 29, 2026
Civil Appeal from the Cuyahoga County Court of Common Pleas
Case No. CV-25-118849
Appearances:
Howard Ridgeway, pro se.
Battle & Polly LLC, Jake W. Aerni, and Steven C. Polly, for
appellee.
MICHAEL JOHN RYAN, P.J.:
In this accelerated appeal, plaintiff-appellant Howard Ridgeway
(“Ridgeway”), pro se, appeals from the trial court’s judgment granting the motion
for summary judgment of defendant-appellee Spooner Risk Control Services, Inc.
(“Spooner”). App.R. 11.1 and Loc.App.R. 11.1 govern accelerated appeals; the
purpose of an accelerated appeal is to allow this court to render a brief and
conclusory opinion. State v. Priest, 2014-Ohio-1735, ¶ 1 (8th Dist.). For the reasons
that follow, we affirm.
In June 2025, Ridgeway, pro se, filed this workers’ compensation
appeal in the court of common pleas. He sought allowance of workers’
compensation for his glaucoma diagnosis, which he contended was caused by his
exposure to headlights and nighttime driving he performed for his job as a truck
driver for Spooner. Spooner disputed that Ridgeway’s glaucoma diagnosis was work
related.
The trial court held a case-management conference on September 30,
2025, and, in a journal entry of the same date, established the following dates:
discovery cutoff on January 2, 2026; Ridgeway’s expert report due on February 2,
2026; Spooner’s expert report due on March 2, 2026; dispositive motions due by
March 16, 2026; and response and reply to dispositive motions due in accordance
with Civ.R. 6(C). Trial was set for June 1, 2026.
On February 19, 2026, over one month after the discovery cutoff date
and two weeks after the due date of Ridgeway’s expert report, Ridgeway filed a
motion for an extension of time to respond to discovery. On March 2, 2026, the due
date for Spooner’s expert report to be filed, Spooner filed its motion for summary
judgment. On March 9, 2026, the trial court granted Ridgeway’s motion for an
extension of time, allowing him an additional seven days to respond to any
outstanding discovery.
On March 13, 2026, Ridgeway filed two motions: a motion for an
extension of time to file an expert report and a motion for an extension of time to
respond to discovery. On March 27, 2026, Ridgeway filed a motion for an extension
of time to respond to discovery and Spooner’s summary judgment motion. On
April 27, 2026, Ridgeway filed a motion for leave to file a motion for summary
judgment.
The trial court held the final pretrial hearing on April 29, 2026, at
which Ridgeway appeared pro se and counsel appeared on behalf of Spooner.
The trial court memorialized the hearing in a journal entry, noting that the “case
proceeds as scheduled subject to court ruling on pending motions. Rulings to be
issued in separate order.”
On May 31, 2026, the trial court granted Spooner’s motion for
summary judgment. The court stated, in relevant part, the following in its judgment:
[Ridgeway] has requested multiple extensions to obtain an expert
report establishing that his eye condition (glaucoma) was caused by his
employment. To date, [Ridgeway] has submitted his own statement
and letters indicating his physical/mental health conditions. No expert
has been identified, and no expert report has been generated to
establish causation. See Civ.R. 26(B)(7)(C); Cuy. Cty. L.R. 21.1.
(Emphasis added.)
Ridgeway now appeals, raising the following assignments of error for
our review:
I. The trial court’s judgment rested on a materially inaccurate
description of the procedural record.
II. The March 13 motion presented circumstances relevant to
Civ.R. 6(B)(2), but the final judgment does not show that those
circumstances were evaluated accurately.
III. The May 29 filing does not independently prove glaucoma, but it
confirms that the record had materially changed before
judgment.
IV. The appropriate remedy is reversal and remand for a proper
exercise of discretion before disposition on the expert-evidence
ground.
Initially, we note that Ridgeway proceeded pro se at the trial-court
level, as he does here on appeal. “‘It is well established that pro se litigants are
presumed to have knowledge of the law and legal procedures and that they are held
to the same standards as litigants who are represented by counsel.’” State ex rel.
Fuller v. Mengel, 2003-Ohio-6448, ¶ 10, quoting Sabouri v. Ohio Dept. of Job &
Family Servs., 145 Ohio App.3d 651, 654 (10th Dist. 2001). Indeed, “‘[p]ro se
litigants are not entitled to greater rights, and they must accept the results of their
own mistakes.’” Fazio v. Gruttadauria, 2008-Ohio-4586, ¶ 9 (8th Dist.), quoting
Williams v. Lo, 2008-Ohio-2804, ¶ 18 (10th Dist.). With these concepts in mind,
we turn to Ridgeway’s assignments of error, which are all subject to an abuse-of-
discretion standard of review. An abuse of discretion occurs when a court exercises
“its judgment, in an unwarranted way, in regard to a matter over which it has
discretionary authority.” Johnson v. Abdullah, 2021-Ohio-3304, ¶ 35.
In his first assignment of error, Ridgeway contends that the trial court
abused its discretion because its judgment “rests on a materially inaccurate
description of the procedural record.” Specifically, Ridgeway cites to the trial court’s
findings that he requested “multiple” extensions of time to file his expert report and
that “no expert has been identified.” According to Ridgeway, he only requested one
extension of time to file his expert report on March 13, 2026, and he identified his
expert in his pretrial statement filed on May 29, 2026.
Ridgeway is correct that of the four motions for extensions of time he
filed, only one of the motions, filed on March 13, 2026, specifically sought an
extension of time to file an expert report. However, the trial court’s characterization
of “multiple” requests by Ridgeway for an extension of time to file an expert report
does not change the fact that Ridgeway failed to file such a report. The report was
originally due on February 2, 2026. Ridgeway let that date pass without either filing
a report or requesting an extension of time. It was not until over one month after
Ridgeway’s report was due — on March 13, 2026 — that he requested an extension
of time. A trial court has broad latitude in discovery and pretrial matters. Nakoff v.
Fairview Gen. Hosp., 75 Ohio St.3d 254, 257 (1996). Here, the trial court enforced
its deadline; it did not abuse its discretion in doing so.
Further, Ridgeway’s May 29, 2026 pretrial statement did not identify
an expert who was prepared to establish glaucoma causation; the medical
professional referenced in the pretrial statement opined on other conditions
Ridgeway allegedly suffers from, but did not state anything about his glaucoma
being related to his job. Moreover, Ridgeway’s pretrial statement identified himself
as his sole witness; it did not identify an expert witness that he expected would testify
on his behalf.
The first assignment of error is overruled.
In his second assignment of error, Ridgeway contends that the trial
court abused its discretion by not evaluating his March 13, 2026 motion under
Civ.R.6(B)(2).
Civ.R. 6(B)(2) governs continuances and extensions of time and
provides in relevant part that “[t]he court may act on motion made after the
particular date or the expiration of the specified time if the moving party failed to
act because of excusable neglect.” Civ.R. 6(B)(2)(d). As ground for his motion for
an extension of time to file an expert report, Ridgeway contended that he had not
received Spooner’s discovery propounded on him. That reason did not establish
excusable neglect; that is, it did not prevent him from obtaining an expert to
establish causation on his glaucoma diagnosis. The trial court did not abuse its
discretion by not applying Civ.R. 6(B)(2)(d) to Ridgeway’s motion for an extension
of time to file an expert report.
The second assignment of error is overruled.
In his third assignment of error, Ridgeway admits that the medical
documentation he provided in his May 29, 2026 pretrial statement “does not
independently prove glaucoma causation, but it confirms that the record had
materially changed before judgment.” According to Ridgeway, the documentation
demonstrated that he “was actively attempting to obtain medical-opinion evidence
before judgment.” It was not the documentation that Ridgeway needed to survive
Spooner’s motion for summary judgment, however. The trial court did not abuse its
discretion by ruling on Spooner’s motion for summary judgment in the absence of
Ridgeway’s expert report.
The third assignment of error is overruled.
In his final assignment of error, Ridgeway sets forth his request for
relief: for us to reverse the trial court’s judgment granting summary judgment in
favor of Spooner and remand the case “so that the trial court may exercise its
Civ.R. 6(B)(2) discretion on an accurate procedural record, including the fact that
there was one expert-report extension and the fact that a provider had been
identified before final judgment.” Because we have found no merit to Ridgeway’s
contentions, his request for relief is without merit.
The fourth assignment of error is overruled.
Judgment affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate be sent to said court to carry this judgment
into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule
27 of the Rules of Appellate Procedure.
______
MICHAEL JOHN RYAN, PRESIDING JUDGE
EILEEN A. GALLAGHER, J., and
TIMOTHY W. CLARY, J., CONCUR