2010 Ohio 6407
Ohio Ct. App.2010Background
- Gilham contracted with Stasiulewicz to replace concrete around her pool and later to replace underground pool pipes after the concrete work began.
- The work included multiple cement pours, with a second cement pour replacing the first at Appellee's expense and Oliver replacing the pool liner afterward.
- Problems emerged: water collected behind the liner and the pump failed; tests indicated some lines did not hold pressure.
- Evidence at trial showed disputed issues about fittings (pressure vs. non-pressure), adhesive color, backfill material (gravel vs. clay), pipe depth, and whether lines were resting on virgin soil.
- The trial court found no breach of contract or CSPA violation based on its assessment of credibility and evidentiary connections between Appellee’s work and the leaks.
- On appeal, the Seventh District sustained some CSPA issues, ordered remand on attorney fees, and affirmed the breach-of-contract finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the contract breach finding against the manifest weight of the evidence? | Gilham contends substandard work and leaks show breach. | Appellee argues evidence does not prove unworkmanlike performance or causation. | No manifest weight breach; evidence supports trial court. |
| Did Appellee violate the CSPA and are statutory damages warranted? | CSPA violations occurred due to failures to provide estimates and itemized repairs. | No CSPA violation shown beyond other issues; damages not established. | CSPA violations proven; $800 awarded on statutory violations; remand for attorney fees. |
| Should attorney fees be awarded to Gilham for the CSPA claim? | Prevailing party entitled to attorney fees for knowing violations. | Attorney fees to be determined after remand; knowledge standard met by intentional act. | Remanded for trial court to determine whether attorney fees are warranted. |
Key Cases Cited
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio Supreme Court, 1978) (manifest weight standard for civil cases)
- Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77 (Ohio Supreme Court, 1984) (credibility and manifest weight framework for bench trials)
- Velotta v. Leo Petronzio Landscaping, Inc., 69 Ohio St.2d 376 (Ohio Supreme Court, 1982) (breach of service contract; workmanlike performance standard)
- Einhorn v. Ford Motor Co., 48 Ohio St.3d 27 (Ohio Supreme Court, 1990) (attorney-fee award for statutory violations; knowledge not required)
- Cent. Motors Corp. v. Pepper Pike, 73 Ohio St.3d 581 (Ohio Supreme Court, 1995) (appraisal of conflicting trial evidence and standard of review)