Lubanovich v. McGlocklin
2014 Ohio 2459
Ohio Ct. App.2014Background
- Lubanoviches hired McGlocklin to convert a crawl space into a basement; the north wall collapsed about a month after completion.
- The Lubanoviches rebuilt the basement through their own labor and direct contracting, instead of using McGlocklin.
- Plaintiffs sued McGlocklin for negligent construction, alleging failure to anchor basement walls to the house and improper rebar installation.
- McGlocklin counterclaimed for breach of contract, unjust enrichment, and conversion.
- The trial court entered judgment for the Lubanoviches on negligence and for McGlocklin on counterclaims; appellate review followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was negligence shown based on building-code noncompliance? | McGlocklin argues no negligence; code violation alone does not prove negligence per se. | Lubanoviches contend the code evidence supports negligent construction. | Code noncompliance admitted as evidence; not negligence per se, but valid evidence of negligence. |
| Was there sufficient proximate cause linking defendant's conduct to damages? | McGlocklin argues no causal link to wall collapse. | Lubanoviches argue failure to anchor caused collapse; evidence supports causation. | Sufficient evidence of proximate cause; reasonable inference supports link to collapse. |
| Were damages properly calculated and proven with reasonable certainty? | Damages supported by repair estimates and labor inputs; trial court erred in calculation. | Lubanoviches presented some evidence; amounts were not proven with reasonable certainty. | Damages awarded improperly; require remand to recalculate consistent with record. |
Key Cases Cited
- Chambers v. St. Mary’s School, 82 Ohio St.3d 563 (1998) (negligence elements; negligence per se not required)
- Lang v. Holly Hill Motel, Inc., 122 Ohio St.3d 120 (2009) (code violations are evidence, not irrebuttable presumptions of negligence)
- Sabitov v. Graines, Ohio App.3d 177 (2008) (code/regulatory evidence as part of negligence analysis)
- Jenks v. State, 61 Ohio St.3d 259 (1991) (standard for sufficiency of evidence in criminal cases applied to civil)
- Thompkins v. State, 78 Ohio St.3d 380 (1997) (sufficiency and burden of persuasion in criminal/civil context)
- Westinghouse Elec. Corp. v. Dolly Madison Leasing & Furniture Corp., 42 Ohio St.2d 122 (1975) (preponderance standard; consideration of multiple possible causes)