2012 Ohio 77
Ohio Ct. App.2012Background
- Greig purchased Wallick’s house in 2005 after Wallick had owned it ~25 years.
- Greig relied on a Residential Property Disclosure Form signed May 2, 2005, in which Wallick answered No to water intrusion and structural defects.
- Greig moved in Oct 2005 and began experiencing basement water leakage in spring 2006.
- In 2008, exterior waterproofing revealed a moderately bowed east basement wall with mold; Pioneer recommended stabilization.
- Greig sued Wallick in 2009 for fraudulent concealment/misrepresentation; trial court awarded damages and punitive damages in 2010; appellate court affirmed in part, reversed/remanded in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fraud elements proven by preponderance of the evidence | Greig proved fraudulent concealment/misrepresentation | Wallick contends lack of proof/credibility | Supported; elements established |
| Damages for mental anguish permissible without expert testimony | Greig suffered mental anguish from defects; expert not required | No expert proof offered | Damages upheld; no abuse of discretion |
| Future and past economic damages admissibility and amount | Exhibits support damages; wall condition caused losses | Some estimates/hearsay; not all damages causally linked | Partial in part; some damages reversed as to future amounts; others affirmed |
| Punitive damages appropriate given concealment/misrepresentation | Conscious disregard for Greig’s rights and substantial harm | Punitive award upheld |
Key Cases Cited
- C.E. Morris Co. v. Foley Constr., 54 Ohio St.2d 279 (Ohio 1978) (manifest weight and evidentiary standards guidance)
- Burr v. Stark Cty. Bd. of Commrs., 23 Ohio St.3d 69 (Ohio 1986) (fraud elements framework)
- LeForge v. Nationwide Mut. Ins. Co., 82 Ohio App.3d 692 (Ohio App.12th Dist. 1992) (mental anguish damages without expert proof permissible)
- Kaufman v. Byers, 159 Ohio App.3d 238 (Ohio App.11th Dist. 2004) (abuse of discretion standard for damages")
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard in domestic/other cases)
- Cross Truck v. Jeffries, 5th Dist. No. CA-5758 (1982) (manifest weight review framework)
- Banks v. Cincinnati, 143 Ohio App.3d 272 (Ohio App.1st Dist. 2001) (owner-opinion rule admissibility of value testimony)