Ohio State University students displaced from Lawrence Tower after mold and mushrooms infested the dormitory last year scored a legal victory this week in one of their lawsuits against the university.
Ohio Court of Claims Judge David Cain ruled Sept. 8 that four of the five claims brought against Ohio State will move forward to trial, with only families’ claim of fraud being denied. The case will move forward on plaintiffs’ claims of negligence, breach of implied warranty of habitability, breach of contract and nuisance.
After roughly 500 students had to evacuate their campus dorm — formerly a Holiday Inn, located on Lane Avenue — mid-semester in November 2024, the parents of more than 30 filed two concurrent lawsuits against the university in January: one in the Court of Claims and the other in the Franklin County Common Pleas Court.
This Court of Claims ruling arrives over a month after Ohio State filed a motion to dismiss all but one of plaintiffs’ claims, excluding only their breach of contract claim.
Ohio State spokesperson Ben Johnson said in an email the university doesn’t comment on pending litigation. Lawrence Tower remains closed to students this year.
A trial date has not yet been set, but a status conference with both parties is scheduled for Nov. 24 to discuss the concurrent lawsuit in Franklin County, where Ohio State students and families allege the university violated the Ohio Consumer Sales Practices Act by falsely representing that Lawrence Tower was safe to live in.
The Franklin County case has seen no significant developments recently, but a trial date is set to be assigned on Jan. 12, 2026, according to the case docket.
Jedidiah Bressman, an attorney representing the plaintiffs, said he and his firm are happy with the judge’s decision and are awaiting further scheduling from the Court of Claims.
“At this time, we are pleased that the Court of Claims has ruled in favor of allowing four of our client’s claims against Ohio State to proceed to trial,” Bressman said in an email statement. “We believe this reflects the seriousness of the issues raised and the importance of a full and fair hearing on the merits.”
What are Ohio State families’ claims against the university?
Here are the plaintiffs’ four claims that will move forward to trial in the Court of Claims case, according to the judge’s Sept. 8 order.
Plaintiffs’ fraud claim alleged that the university misrepresented and lied about the safety of Lawrence Tower both before students moved in and after they were living there and reported mold.
Ohio State filed a motion to dismiss this claim on the grounds that plaintiffs didn’t bring forward enough specific details to prove fraud. The Court of Claims agreed, saying plaintiffs didn’t meet the heightened requirement of proof for fraud claims, thereby dismissing the claim.
Plaintiffs are seeking damages of at least $25,000 and up to $250,000 per plaintiff in the Court of Claims case.
Reporter Emma Wozniak can be reached at ewozniak@dispatch.com or @emma_wozniak_ on X, formerly known as Twitter.
This article originally appeared on The Columbus Dispatch: Judge sides with OSU students, families on most claims in Lawrence Tower lawsuit
Reporting by Emma Wozniak, Columbus Dispatch / The Columbus Dispatch
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