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IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION

JOSEPH G. GORSHA, et al.,

 Plaintiffs, 

 v. 

 

BERNARD E. CLARK, et al.,

 Defendants.

Case No. 2:18-cv-508 

 

Judge James L. Graham 

Magistrate Judge Kimberly A. Jolson 

ORDER 

On October 4, 2019, the Court granted summary judgment in favor of Plaintiffs as to 

liability only on their breach of contract claim against Defendants Bernard, Alice, and Scott Clark 

(collectively, the “Clark Family”). (Op. & Order, ECF No. 134 at 1852.) The Court also granted 

summary judgment to Plaintiffs as to liability only on their unjust enrichment claim against the 

Clark Family (Id. at 1851.) 

On January 31, 2022, the Court reconsidered its October 4, 2019 Opinion and Order and 

granted summary judgment to Scott Clark on Plaintiffs’ breach of contract claim, reaffirmed its 

earlier grant of summary judgment to Plaintiffs on their breach of contract claim against Bernard 

and Alice Clark, granted summary judgment to Plaintiffs on their unjust enrichment claim against 

Scott Clark, and dismissed Plaintiffs’ unjust enrichment claim against Bernard and Alice Clark as 

a matter of law. (Op. & Order, ECF No. 184 at 2368–69, 2380.) 

Now, upon further consideration and pursuant to Federal Rule of Civil Procedure 54(b), 

the Court revises its October 4, 2019 and January 31, 2022 Opinions and Orders granting and 

reaffirming summary judgment on Plaintiffs’ breach of contract claim against Bernard and Alice 

Clark. The underlying facts for each Opinion and Order are incorporated here by reference. 

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Plaintiffs’ Complaint alleges that “[t]he Clark Family has caused a Deed to be recorded 

which did not reserve the mineral and subsurface rights to the Plaintiffs, inconsistent with the 

parties’ agreement thus breaching the Real Estate Purchase Contract.” (Compl. ¶ 44, ECF No. 1 at 

9.) But the undisputed record evidence shows that Jonathan Clark, of Lanco Title Agency 

(“Lanco”), recorded the deed he drafted, and Plaintiffs signed, with the Belmont County 

Recorder’s Office on October 4, 2013. (Id. at Ex. 4, ECF No. 1-5 at 31.) The recording of the 

deed was not done at the Clark Family’s direction. Rather, as Jonathan Clark stated, “Lanco 

reviewed and relied upon the statements made by Plaintiffs Joseph D. Gorsha, Damon J. 

Faldowski, Damon J. Faldowski, II, and Mark R. Faldowski in the Affidavit and Agreement before 

sending the deed to Belmont County to be recorded.” (J. Clark Aff. ¶ 9, Ex. A, ECF No. 111-1 at 

1449.) It is further undisputed that the Clark Family did not receive the deed until Lanco mailed 

it to them on October 11, 2013. (Ex. 6, Id. at 1460.) 

The Court therefore finds as a matter of law that the Clark Family did not breach the parties’ 

Real Estate Purchase Contract in the manner alleged by the Complaint. Thus, the Court grants 

summary judgment to Bernard and Alice Clark on Plaintiffs’ breach of contract claim, and 

Plaintiff’s breach of contract claim against them is dismissed as a matter of law. 

The Court also reevaluates Bernard and Alice Clark’s liability for Plaintiffs’ unjust 

enrichment claim. 

“Unjust enrichment occurs when a party retains money or benefits that belong to another.” 

Budai v. Euclid Spiral Paper Tube Corp., No. 96CA0046, 1997 Ohio App. LEXIS 189, at *21 (Ct. 

App. Jan. 22, 1997) (citing Liberty Mut. Ins. Co. v. Indus. Comm., 40 Ohio St. 3d 109, 110-111, 

532 N.E.2d 124 (1988)). The undisputed “evidence must show an unjust loss by the plaintiff and 

an unjust gain by the defendant; there must be a gain on one side connected by causation to a loss 

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on the other.” Budai, 1997 Ohio App. LEXIS 189, at *21–22. For Plaintiffs to prevail under this 

theory of liability, they must show: “(1) a benefit conferred by a plaintiff upon a defendant; (2) 

knowledge by the defendant of the benefit; and (3) retention of the benefit by the defendant under 

circumstances where it would be unjust to do so without payment (‘unjust enrichment’).” 

Hambleton v. R.G. Barry Corp., 12 Ohio St. 3d 179, 183, 465 N.E.2d 1298, 1302 (1984) (cleaned 

up).

After reviewing the undisputed record evidence, the Court finds as a matter of law that 

Plaintiffs conveyed the mineral rights to the Clark Family by signing the erroneous deed, the Clark 

Family became aware of Plaintiffs’ erroneous conveyance after they were approached by landman 

Randy Ketcham (ECF No. 121-1 at 1693), and after executing the oil and gas forfeiture documents 

Ketcham presented to them (Id. at 1695–98), the Clark Family retained the royalties issued by the 

oil and gas companies after drilling commenced, even though they knew that they did not bargain 

with Plaintiffs for the sale of the mineral rights (ECF No. 94 at 511–12; ECF No. 108-1 at 1245–

46, 1265–67). The Court also finds as a matter of law that there is indeed a causal link between 

the erroneous conveyance of the mineral rights by Plaintiffs to the Clark Family and the royalties 

issued by the oil and gas lessee to the Clark Family. The Clark Family would not have received 

royalty payments from the oil and gas lessee but for Plaintiffs’ conveyance of the mineral rights 

to them via the deed they signed. The Court therefore grants summary judgment to Plaintiffs as 

to liability only on their unjust enrichment claim against Bernard and Alice Clark. 

For the reasons stated above, the Court now grants summary judgment to Bernard and 

Alice Clark on Plaintiffs’ breach of contract claim, and consequently, Plaintiffs’ breach of contract 

claim against them is dismissed as a matter of law. Additionally, the Court now grants summary 

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judgment as to liability only on Plaintiffs’ unjust enrichment claim against Bernard and Alice 

Clark. 

The remaining claims in this case are Plaintiffs’ conversion and unjust enrichment claims 

against the Clark Family. The issue of damages still remains for trial. 

IT IS SO ORDERED. 

 /s/ James L. Graham 

 JAMES L. GRAHAM 

 United States District Judge 

DATE: June 15, 2022 

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