2017 Ohio 7353
Ohio Ct. App.2017Background
- Spencer and Maumee River Remodeling entered July 31, 2014 contract for home addition; entity type of Maumee River unclear.
- Spencer swears contract was with Maumee River Remodeling; she paid $17,000 to Maumee River Remodeling as a down payment.
- Work began Sept. 9, 2014; initial excavating occurred but no other work completed; permits were not obtained.
- Spencer hired another contractor after Stowell allegedly refused refund and claimed project would take eight weeks.
- Spencer sued Stowell and Maumee River entities for breach of contract and related theories; claims reduced to two breach-of-contract counts.
- Trial court granted summary judgment against Stowell personally for breach of contract; Maumee River in default; Spencer prevailed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stowell is personally liable despite contract with LLC | Spencer asserts contract with Maumee River Remodeling LLC; records show contract/payment to Maumee River Remodeling, not Stowell personally. | Stowell contends contract was with Maumee River Remodeling LLC; evidence insufficient to show personal liability. | Yes; no genuine evidence Maumee River was an LLC; liability imposed personally on Stowell. |
| Whether genuine issues of material fact remained precluding summary judgment | Unanswered requests for admission and Spencer’s affidavit show breach and damages; no material fact remaining. | Stowell argues discovery response and status as pro se create factual disputes needing trial. | No; unresolved admissions plus unrebutted affidavit show no material fact dispute. |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (requires the movant to clearly delineate the basis for summary judgment)
- Harless v. Willis Day Warehousing Co., 54 Ohio St.2d 64 (1978) (summary-judgment standard; summary judgment appropriate where no genuine issue of material fact)
- Riley v. Montgomery, 11 Ohio St.3d 75 (1984) (party opposing summary judgment must present specific facts in record)
- Cleveland Trust Co. v. Willis, 20 Ohio St.3d 66 (1985) (admissions under Civ.R. 36 can support summary judgment)