Bevens v. Wooten Landscaping, Inc.
2012 Ohio 5137
Ohio Ct. App.2012Background
- Bevens appeals a Pike County Common Pleas judgment in favor of Wooten Landscaping, Inc. on claims of unworkmanlike landscaping and damages.
- Landscaping was installed in 2006; Bevens performed maintenance for about two years and later complained in 2008 about symmetry and other issues.
- Wooten offered to remedy for $900, which Bevens declined; Bevens sought $1,800 in damages alleging unworkmanlike work.
- At trial, Bevens testified the plants’ arrangement and care deviated from the proposal, but he had originally paid and, in 2006, roughly accepted the initial appearance.
- The trial court faulted Bevens for failing to present expert testimony on standard of care and awarded judgment to Wooten in January 2011.
- On appeal, the court affirmed, holding Bevens failed to prove damages with reasonable certainty, and the $900 quote did not establish his damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether expert testimony was required to prove workmanlike landscaping | Bevens argues expert testimony unnecessary to prove workmanlike standard. | Wooten contends expert testimony is required to establish standard of care. | Unnecessary to decide; affirmance rests on damages proof instead |
| Whether Bevens proved damages with reasonable certainty | Bevens seeks $1,800 as damages for unworkmanlike landscaping. | Damage proof should be supported by competent, certain evidence, not speculation. | Damages not proven with reasonable certainty; judgment affirmed on damages theory |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012-Ohio-2179) (manifest weight standard; deferential evidence review)
- Shemo v. Mayfield Hts., 88 Ohio St.3d 7 (2000-Ohio) (standards for appellate review in civil cases)
- C.E. Morris Co. v. Foley Construction Co., 54 Ohio St.2d 279 (1978) (application of law; sufficiency of evidence standards)
- McKinley v. Brandt Constr., Inc., 168 Ohio App.3d 214 (2006-Ohio-3290) (damages for breach of implied workmanlike duty; cost of repair)
- McCray v. Clinton Cty. Home Improvement, 125 Ohio App.3d 521 (1998) (damages; proof of cost to remedy defects)
- Barton v. Ellis, 34 Ohio App.3d 251 (1986) (measure of damages for deficient work)
- Allied Erecting & Dismantling Co., Inc. v. Youngstown, 151 Ohio App.3d 16 (2002-Ohio) (damages must be ascertainable with reasonable certainty)
- Interstate Gas Supply, Inc. v. Calex Corp., 2006-Ohio-638 (10th Dist.) (damages proof standard; reasonable certainty)
- Atelier Dist., L.L.C. v. Parking Co. of Am., Inc., 2007-Ohio-7138 (10th Dist.) (damages must be ascertainable with reasonable certainty)
- Swan Creek Twp. v. Wylie & Sons Landscaping, 2006-Ohio-584 (6th Dist.) (professional competency and credibility of witnesses)