Crenshaw v. Michael J.'s Auto Sales
2021 Ohio 1468
Ohio Ct. App.2021Background
- In July 2018 Crenshaw bought a 2005 Nissan Murano from Michael J.’s; the bill of sale contained an “as‑is” no‑warranty clause, and she separately signed a preprinted “we owe” form in which Michael J.’s agreed to repair the exhaust, A/C, brake pads (and related items), hood latch release, and glove box.
- Crenshaw returned the car after pickup because of loud noise and squeaky brakes; she had the vehicle towed back to Michael J.’s twice, spoke with employee Farrah Bragg (who allegedly refused further repairs), then retrieved the car with police help and took it to another mechanic who did the work.
- A BBB investigator (Beavers) inspected Michael J.’s and found no indication the promised work had been completed; Crenshaw produced a repair estimate from the second mechanic.
- Crenshaw sued in small claims for $5,500 alleging failure to perform repairs (and an incorrect title price). A magistrate found breach of the “we owe” agreement and recommended damages; the trial court adopted the magistrate’s finding and also concluded Michael J.’s violated the OCSPA, awarding trebled damages.
- On appeal the First District affirmed the breach finding and damages for unpaid repairs but reversed the OCSPA ruling because Crenshaw’s complaint did not give Michael J.’s fair notice of an OCSPA claim; the case was remanded for entry of judgment in the specified amount plus interest and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an “as‑is” sale bars a claim for failure to perform repairs expressly promised in a separate “we owe” agreement | Crenshaw: the dealer’s express promise to repair created an independent warranty and formed part of the bargain | Michael J.’s: the bill of sale’s “as‑is” disclaimer negates warranty liability | Court: Express “we owe” promise survives the “as‑is” clause; breach of the repair agreement sustained |
| Whether the evidence supports finding Michael J.’s failed to perform the promised repairs | Crenshaw: testimony, BBB investigator, and repair estimate show repairs were not done | Michael J.’s: produced “we owe” paperwork and Bragg’s testimony that work was completed | Court: After weighing credibility and evidence, the trial court did not clearly lose its way — breach found |
| Whether the trial court properly found OCSPA violations and awarded treble damages | Crenshaw: sought consumer‑protection relief and trebling for deceptive/unconscionable practices | Michael J.’s: lacked notice because complaint did not allege OCSPA violations or request treble damages | Court: Reversed OCSPA finding and trebling — complaint failed to give fair notice of OCSPA claims |
Key Cases Cited
- Ins. Co. of N. Am. v. Automatic Sprinkler Corp. of Am., 67 Ohio St.2d 91 (Ohio recognizes that an “as‑is” clause can disclaim implied warranties but does not negate an express warranty)
- Eastley v. Volkman, 132 Ohio St.3d 328 (establishes Ohio’s weight‑of‑the‑evidence standard for reviewing whether a trial court clearly lost its way)