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LAHKE v. CINCINNATI BELL, INC.

No. C-800048.

1 Ohio App. 3d 114 (1981)

LAHKE ET AL., APPELLANTS AND CROSS-APPELLEES, v. CINCINNATI BELL, INC., APPELLEE AND CROSS-APPELLANT.

Court of Appeals of Ohio, Hamilton County.

Decided March 11, 1981.

Attorney(s) appearing for the Case

Messrs. Rendigs, Fry, Kiely & Dennis and Mr. Frederick Brockmeier, IV, for William K. Lahke and William K. Lahke & Associates.

Messrs. Frost & Jacobs and Mr. James R. Adams, for Cincinnati Bell, Inc.

BLACK, P.J.

William K. Lahke (Lahke) seeks treble damages from Cincinnati Bell, Inc. (Bell), under R.C. 4905.61, alleging that insufficient and unreasonable telephone service damaged his business. The trial court held Bell liable but awarded Lahke damages of only $7.05, because it limited the amount of damages to three times the pro rata refund that had previously been paid to Lahke pursuant to Bell's tariff. Lahke now wants to have damages reassessed.

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