2014 Ohio 4349
Ohio Ct. App.2014Background
- In April 2012, Universal contracted to install a granite countertop and sink for $6,128.17, including a $499 sealer with a 15-year guarantee.
- The countertop was installed off-center; the installers allegedly indicated consent to proceed, and the customers claim they were not informed of the defect.
- Customers stopped payment and later hired another contractor to fix the off-center installation at a cost of $3,390.
- Universal sued in Perrysburg Municipal Court seeking $3,000; customers counterclaimed for breach, damages of $3,390, and statutory treble damages for consumer fraud.
- The bench trial ruled for customers on the breach, awarded $3,390, and awarded treble damages for unconscionable sale of sealer, while finding the original installation not workmanlike.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the installation workmanlike and properly supported by evidence? | Universal contends installation complied with standard procedures. | Gerner contends installation was substandard and not workmanlike. | Not well-taken; court affirmed finding not workmanlike and upheld judgment for customers. |
| Is the $3,390 damages award to customers permissible, or an abuse of discretion? | Universal challenges the amount as improper. | Gerner argues damages were proper based on repair costs. | Not an abuse of discretion; damages affirmed. |
| Were treble damages under R.C. 1345.03(2) properly awarded for unconscionable sealer sale? | Universal disputes reliance on hearsay and unconscionability findings. | Gerner contends evidence supported unconscionable act and treble damages. | Not an abuse of discretion; treble damages upheld. |
Key Cases Cited
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (judgment affirmed if supported by competent credible evidence)
- Seasons Coal Co., Inc. v. City of Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (presumption in favor of trial court judgment; weight of evidence matters)
- Roberts v. U.S. Fid. & Guar. Co., 75 Ohio St.3d 630 (Ohio 1996) (abuse-of-discretion standard for damages determinations)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (definition of abuse of discretion)
- Rigby v. Lake Cty., 58 Ohio St.3d 269 (Ohio 1991) (admission or exclusion of evidence within trial court discretion)