Can a Party Take Advantage of An Error Which He Himself Induced a Trial Court to Make ?
In Center Ridge Ganley, Inc. v. Stinn (1987), 31 Ohio St.3d 310, 31 Ohio B. 587, 511 N.E.2d 106, the Supreme Court of Ohio was faced with a case in which the complaining party invited the error by eliciting parol evidence as to the intent of the parties when they entered into a contract.
The court indicated that the appellants could not then complain when the opposing party entered similar, but contradictory evidence of intent.
The court stated that more than a mere waiver of evidence was at issue in the case, and that "[a] party will not be permitted to take advantage of an error which he himself invited or induced the trial court to make," id. at 313, citing Lester v. Leuck (1943), 142 Ohio St. 91, 50 N.E.2d 145, paragraph one of the syllabus.