2020 Ohio 1249
Ohio Ct. App.2020Background:
- On July 21, 2017 Bryant and Solis made a verbal contract for roofing work on two Columbus properties (4146 Cleveland Ave. and 2753 Westerville Rd.).
- Agreed price for Cleveland Ave. re-roof was $4,000 with $2,000 down; after removing rubber, Solis reported additional plywood issues and Bryant opted to pay $250 to patch rather than $1,500 to replace all plywood; Bryant paid the $2,250 balance.
- Bryant later complained about work on the flat roof; Solis re-did pitched portions at no charge, removed some porch overhang (did not replace it), and maintained the flat EPDM rubber and patched plywood were workmanlike.
- Bryant hired Able Roof LLC, which inspected the roof in August 2017 and later removed Solis’s EPDM and re-roofed in 2018; Bryant sought $4,250 in small-claims court (the amount she paid Solis).
- At trial the magistrate found Solis’s testimony credible and that Bryant failed to prove breach or damages by a preponderance; the municipal court adopted the magistrate’s decision and entered judgment for Solis.
- Bryant appealed, arguing the judgment was against the manifest weight of the evidence and claiming perceived bias based on language fluency; the appellate court affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether judgment was against the manifest weight of the evidence (i.e., whether Bryant proved Solis breached the verbal contract) | Bryant: Solis failed to perform agreed work (rotten plywood replacement, removal of old materials), and workmanship was defective; magistrate credibility finding was wrong/biased | Solis: Performed agreed work; Bryant chose patching over full plywood replacement; Solis remedied pitched areas at no cost; Bryant produced no trade witnesses to refute his testimony | Court: Magistrate’s credibility determinations were supported by competent, credible evidence; Bryant failed to meet her burden; judgment affirmed |
Key Cases Cited
- C.E. Morris Co. v. Foley Construction Co., 54 Ohio St.2d 279 (1978) (civil manifest-weight standard: judgment supported by competent, credible evidence will not be reversed)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (trial court is best positioned to assess witness credibility)
- Lucarell v. Nationwide Mut. Ins. Co., 152 Ohio St.3d 453 (2018) (elements required to establish a breach of contract claim)
- Jarupan v. Hanna, 173 Ohio App.3d 284 (2007) (contractor duty to perform in a workmanlike manner)
- Barton v. Ellis, 34 Ohio App.3d 251 (1986) (common-law duty of contractors to act reasonably and exercise trade-standard care)