2020 Ohio 3544
Ohio Ct. App.2020Background:
- Certain Care, LLC (home health provider) operated a single-client residential facility; Ellen Turner is its owner/operator.
- Elvira Mikitka resided at the facility Aug. 26–Oct. 8, 2017 (with a temporary hospital stay during that period).
- Certain Care sued in Dec. 2017 for breach of contract and unjust enrichment; it dismissed the breach claim before trial and proceeded on unjust enrichment only.
- Turner testified to an industry-consistent $22/hour rate for round-the-clock care and introduced three bills showing hours and that rate; Mikitka and family disputed any agreed price and receipt of bills.
- Trial court awarded Certain Care $20,124.50 as the reasonable value of services; the court of appeals affirmed.
- Judge Carr dissented on sufficiency, arguing the award reflected contract "benefit-of-the-bargain" damages rather than permissible restitution for unjust enrichment.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported the calculation of damages as the reasonable value of services (sufficiency) | Turner’s testimony about $22/hr and introduced bills prove reasonable value and meet burden of production | Bills merely reflect a contract price; Certain Care failed to prove reasonable value for unjust enrichment | Affirmed: sufficiency — testimony and bills suffice to prove reasonable value by preponderance |
| Whether the damages award was against the manifest weight of the evidence | Value was essentially uncontroverted; trial court credibility findings proper | Testimony and dispute over billing show alternative valuation; award was improper | Affirmed: not against manifest weight — trial court did not clearly lose its way |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standards for sufficiency and manifest-weight review)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (defining legal sufficiency)
- Hughes v. Oberholtzer, 162 Ohio St. 330 (Ohio 1954) (quasi-contract/unjust enrichment compensates reasonable worth of benefit)
- Weiper v. W.A. Hill & Assoc., 104 Ohio App.3d 250 (1st Dist. 1995) (unjust enrichment recovery limited to reasonable value of services)
- Rasnick v. Tubbs, 126 Ohio App.3d 431 (3d Dist. 1998) (quantum meruit cannot award contract "benefit-of-the-bargain" profits)