Opposing counsel in Angela Frame's case has provided us with two cases that they believe will be crucial. Angela owns a health food store as well as a church next door. They have advertising that links the two together. The church is bankrupt, but the health food store is a successful, flourishing business. The church has been sued for wrongful death for one of the members, who passed away during a "healing ritual." The opposing counsel has asked the court to allow the health food store to be considered a partner of the church and be included in the suit so they can recover a higher judgment. The emailed argument is located here:

W Module 04 Civil Argument Q . Search in Document Home Insert Design Layout References Mailings Review View '+ Share Calibri (Body) 11 - A- AV A2 AZ AaBbCcDdEe AaBbCcDdEe AaBbCcDc AaBbCcDdEE AaBb( AaBbCCDdEE AaBb CcDdEe AaBbCcDdEe Paste BI UT abe X2 X A LA = = = =$3 .. Normal No Spacing Heading 1 Heading 2 Title Subtitle Subtle Emph Emphasis Pane The health food store is liable for the actions of the church as a general partner in a partnership with the church. Regardless of any intent to form a partnership, a partnership indeed does exist in this matter. A court may find an implied partnership from the totality of attendant facts and circumstances. Madden Investment Co. v. Stephenson's Apparel, 162 Ohio App.3d 51, 2005-Ohio-3336 (2nd Dist.). A formal partnership is not required in order for one to be liable for the actions of one acting as a partner. A partnership will be implied "when the parties have acted in such a way that a partnership has come into operation. The relevant inquiry is not whether the parties intend that the law describe their relationship as a partnership, but rather whether they intend a relationship that includes the essential elements of partnership." Allen v. Niehaus, Ist Dist. Hamilton Nos. C-000213 and C-000235, 2001 Ohio App. LEXIS 5540, *20 (Dec. 14, 2001), citing The Law of Agency and Partnership (3 Ed.2001), Chapter 1. In such a situation, one partner may be liable for the acts or omissions of other partners, even fraudulent acts when carried out to further partnership goals. Under Ohio Revised Code Section 1776.22, "any association of two or more persons to carry on as co-owners a business for-profit forms a partnership, whether or not the persons intend to form a partnership." Further, relationships that fit the definition of a partnership but are called a "joint venture" are still partnerships. O.R.C. Section 1776.22 Comment 2. In Komorowski v. Hildebrand Co., 2015 Ohio 1295 (81 Dist. 2015), public advertisements were made referring to a partnership although Hildebrand disputed the existence of any such partnership. The court determined that there was a question of fact as to whether a partnership existed, irrespective of the fact that Komorowski was unaware of the advertisement or the purported partnership. Page 1 of 1 316 Words English (US) E + 100%