2013 Ohio 752
Ohio Ct. App.2013Background
- Appellants Eric and Tina Quetot appeal a partial summary judgment in Columbiana County Court of Common Pleas denying their CSPA claim.
- The project involved building a single-family residence for the Quetots by M&M Homes Construction, Inc. under a contract signed September 1, 2006; they moved in February 2007.
- The 2010 multi-count complaint alleged negligence, implied warranties, CSPA violation, contract breach, and unjust enrichment; punitive damages and attorney fees were requested.
- The trial court held the CSPA claim time-barred under R.C. 1345.10(C)’s two-year limit, running from the alleged violation, which the court tied to the initial construction.
- Appellants contended tolling under RC 1312.04/1312.08 and that a 2009 deceptive promise could restart the limitation period; the court rejected these arguments, finding no 2009 promise evidence.
- Appellants also argued punitive damages and attorney fees could be pursued on a pending tort claim; the court’s rulings on those issues were not fully denied, leading to an appeal on those points.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the CSPA claim time-barred? | Quetot contends tolling or later deceit in 2009 keeps within 2 years. | M&M Homes argues the absolute 2-year limit runs from initial construction, with no timely occurrence within two years of filing. | CSPA claim time-barred; initial construction triggers limitations period. |
| May punitive damages and attorney fees be pursued on a tort claim? | Quetot seeks punitive damages/fees for tort claims beyond CSPA issues. | M&M Homes did not deny punitive damages/fees for the tort claim; the matter remains pending to some extent. | Claim remains moot/undecided on appeal; no relief needed. |
Key Cases Cited
- Rosenow v. Shutrump & Assoc., 163 Ohio App.3d 500 (7th Dist. 2005) (initial construction triggers two-year limitation for monetary CSPA claims)
- Luft v. Perry Cty. Lumber & Supply Co., 2003-Ohio-2305 (10th Dist. 2003) (CSPA violation timing and discovery rules for monetary damages)
- Cypher v. Bill Swad Leasing Co., 36 Ohio App.3d 200 (10th Dist. 1987) (limits discovery and clarifies two-year damages period)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Supreme Court 1996) (summary judgment standards and presumed reasonable minds)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Supreme Court 1977) (summary judgment standard and burden on movant)