Garber v. STS Concrete Co., L.L.C.
991 N.E.2d 1225
Ohio Ct. App.2013Background
- STS Concrete Co. contracted to renovate Garber's driveway, sidewalk, and steps for $6,200 (June 21, 2008).
- Work was completed with city inspection approval and full payment by Garber (July 9, 2008).
- Garber alleged the driveway cracked after completion; Suglio allegedly promised repairs but did not perform them.
- Garber sent a cancellation notice about ten months later, demanded a refund of $6,500, and STS refused; Garber sued.
- Garber asserted breach of contract, negligence, and CSPA/HSSA claims; trial court granted partial summary judgment on CSPA/HSSA with $18,600 in damages (3 × contract price).
- Appellants appeal on three assignments of error, with issues surrounding HSSA applicability, remedies, personal liability, and attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| HSSA applies to the contract? | Garber—HSSA covers home remodeling contracts. | STS/Suglio—HSSA does not apply. | HSSA applies to the home remodeling contract. |
| Remedies: three times damages vs. refund right? | Garber may seek 3× actual damages under CSPA. | Remedies under HSSA and 1345.09 are mutually exclusive. | Remedies are mutually exclusive; Garber elected cancellation/refund under HSSA, not 3× damages. |
| Personal liability of Suglio | Suglio personally liable for CSPA/HSSA violations. | Liability should be limited to corporate form. | Suglio is liable individually for CSPA/HSSA violations. |
| Attorney fees awarded? | Garber seeks attorney fees under CSPA per 1345.09(F)(1). | HSSA recovery precludes attorney fees; fees not authorized. | Attorney fees not awardable when electing HSSA remedy. |
Key Cases Cited
- Grava v. Parkman Twp., 73 Ohio St.3d 379 (Ohio Supreme Court 1995) (final, complete bar to later actions when merits resolved; final judgment rules)
- Reichert v. Ingersoll, 18 Ohio St.3d 220 (Ohio Supreme Court 1985) (definition of actual damages and triple damages under CSPA)
- Pattison v. W.W. Grainger, Inc., 120 Ohio St.3d 142 (Ohio Supreme Court 2008) (amendment/dismissal to create final, appealable order under Civ.R. 15(A))