Griffin Contracting & Restoration v. McIntyre
107 N.E.3d 22
Ohio Ct. App.2018Background
- Griffin contracted to repair fire/smoke damage to the McIntyres’ home after Pekin Insurance’s adjuster provided preferred-contractor names and contacted Griffin; Griffin performed emergency and rebuild work and issued three phase estimates.
- The McIntyres paid for contents packout and mitigation; insurer issued two payments for rebuild totaling $4,211.13 and $2,987.05; Griffin sought the balance, and McIntyres withheld final payment.
- McIntyres sued in municipal court asserting rescission under the Home Solicitation Sales Act (HSSA) and damages/rescission under the Consumer Sales Practices Act (CSPA); case transferred to common pleas court and tried by bench.
- Trial court found Griffin breached contract for $2,737.05, found HSSA inapplicable (no solicitation), but found several CSPA violations (failure to provide cancellation/estimate notices and representing work completed when it was not), awarded trebled actual damages plus statutory damages, and offset Griffin’s claim, yielding a small judgment for McIntyres.
- On appeal, McIntyres challenged (1) the HSSA ruling and (2) the scope, calculation, and offset of CSPA damages and denial of attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HSSA applies (was there a "personal solicitation"?) | McIntyres: Griffin solicited at their home via call/visit and thus HSSA applies | Griffin: Responded to insurer-dispatched call; McIntyres requested service, not solicited | Court: HSSA inapplicable—insurer/adjuster initiated contact; evidence insufficient to show solicitation; trial court credibility findings upheld |
| Whether rescission is required for HSSA/CSPA violations | McIntyres: Failure to give 3‑day cancellation notice warrants rescission and full refund | Griffin: Rescission months after completion is inequitable; McIntyres accepted and retained benefits | Court: Rescission would be grossly inequitable; trial court did not abuse discretion; damages under HSSA would be $0 |
| Whether specific CSPA/deceptive acts were proven (estimates, scope, subcontractors, etc.) | McIntyres: Multiple statutory/regulatory violations are undisputed and proved | Griffin: Testimony conflicts; some estimates and disclosures existed | Court: Trial court’s credibility determinations supported; it found some violations (estimate and cancellation notice failures and misrepresenting performed work) but rejected others — not against manifest weight |
| Damages calculation, offsets, and attorney fees under CSPA | McIntyres: Damages miscalculated; should not be offset; attorney fees warranted | Griffin: Offsets appropriate; no evidence of knowing CSPA violations to justify fees | Court: Offset of Griffin’s breach award with trebled CSPA damages permissible; actual damages awards (e.g., blinds) supported; denial of attorney fees not an abuse of discretion |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standard for manifest-weight review of civil judgments)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (judgment not against manifest weight when supported by competent, credible evidence)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard defined)
- Bittner v. Tri-County Toyota, Inc., 58 Ohio St.3d 143 (Ohio 1991) (attorney-fee award under CSPA is discretionary)
- Roberts v. United States Fid. & Guar. Co., 75 Ohio St.3d 630 (Ohio 1996) (damages reviews for abuse of discretion)
- Clemens v. Duwel, 100 Ohio App.3d 423 (Ohio Ct. App.) (election between rescission and CSPA damages; rescission bars CSPA damages)