Cieslak v. M&C Excavating & Septic Sys.
2014 Ohio 3660
Ohio Ct. App.2014Background
- Cieslaks purchased and rented a home with a septic system (tank, leach field).
- Neely, related to M&C Excavating & Septic Systems, performed work on the septic system after Cieslaks complained of failures.
- Neely replaced the discharge pipe and leach lines and installed a tank baffle; Cieslaks paid $1,250 down payment.
- Sewage problems persisted; M&C extended leach lines; later Napier found tank had multiple defects after Neely’s work.
- Magistrate awarded $8,350; trial court reduced to $7,550, finding Neely an M&C agent and damages attributable to Neely's work.
- Appeal challenged agency finding and damages calculation; appellate review upheld agency; damages affirmed at $7,550.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Neely an agent of M&C Excavating? | Cieslak contends Neely acted within M&C’s control. | M&C argues Neely was not acting as an agent. | Yes; Neely acted as M&C's agent. |
| Are the damages awarded supported by the record and properly calculated? | Cieslak asserts damages reflect costs caused by Neely/M&C work. | M&C argues damages lack proper causation and depreciation basis. | Damages supported; depreciation considered; total $7,550 affirmed. |
Key Cases Cited
- Cyrus v. Home Depot USA, Inc., 12th Dist. Clermont No. CA2007-09-098, 2008-Ohio-4315 (2008-Ohio-4315) (agency by estoppel; burden on party asserting agency)
- Akers v. Classic Properties, Inc., 12th Dist. Warren No. CA2003-03-035, 2003-Ohio-5436 (2003-Ohio-5436) (burden to prove agency relationships)
- Shaffer v. Maier, 68 Ohio St.3d 416, 1994 (1994) (apparent authority; reliance on ostensible agency)
- McSweeney v. Jackson, 117 Ohio App.3d 623, 631 (4th Dist.1996) (1996) (agency existence; reviewer defers to trier of fact)
- Sevruk v. Carr, 12th Dist. Butler No. CA2002-01-022, 2002-Ohio-4707 (2002-Ohio-4707) (apparent agency factors; principal’s acts determine power)
- Chivukula v. Williams, 12th Dist. Butler No. CA2009-07-187, 2010-Ohio-1634 (2010-Ohio-1634) (waiver of issues not raised in objections; appellate review limits)
- Woodworking Shop, L.L.C. v. Shay, 12th Dist. Butler No. CA2009-12-298, 2010-Ohio-4568 (2010-Ohio-4568) (relates to interpreting magistrate findings and deference on appeal)