Bessenbacher v. Clark

Summary

The Ohio Twelfth District Court of Appeals affirmed summary judgment for Joey Clark and Kevin Clark individually but reversed summary judgment for C&J Roofing Company, Inc. on the Bessenbachers' breach-of-contract claim. The court held that expert testimony was not necessarily required to establish unworkmanlike construction services involving an allegedly leaky roof, loose siding, and electrical damage. It concluded that genuine issues of material fact remained regarding whether C&J Roofing's work caused the alleged damage and remanded for further proceedings.

Holdings

1. Summary judgment was improper because genuine issues of material fact remained concerning whether C&J Roofing's work caused the alleged roof, siding, and electrical damage and therefore breached the contracts.
2. Expert testimony or an expert report was not necessarily required because a layperson could determine whether a leaking roof, loose siding, or damage to an electrical line constituted unworkmanlike performance if the contractor caused the condition.
3. Summary judgment was properly granted to Joey Clark and Kevin Clark individually because the written contracts were between Terry Bessenbacher and C&J Roofing Company, Inc., not between Terry Bessenbacher and either individual.

Questions Presented

1. Whether the trial court properly granted summary judgment for C&J Roofing Company on the homeowners' breach-of-contract claim despite competing affidavits and other evidence concerning allegedly unworkmanlike roofing and siding work and damage to the electrical system.
2. Whether expert testimony or an expert report was required to establish that the contractor performed construction work in an unworkmanlike manner.
3. Whether summary judgment was proper for Joey Clark and Kevin Clark individually when the written contracts were between Terry Bessenbacher and C&J Roofing Company, Inc.

Disposition

reversed_and_remanded