James Lambright v. New Age Dome Construction, LLC, et al.

Summary

The United States District Court for the Northern District of Ohio overruled Defendants’ objection to including an Ohio Consumer Sales Practices Act jury instruction in James Lambright’s action against New Age Dome Construction, LLC and John Johnson. The court held that, for the repairs at issue, the CSPA applied rather than the Ohio Home Construction Service Suppliers Act, relying on appellate authority and rejecting the contrary reasoning in Orion Management, Inc. v. Kaeka. The court concluded that the later HCSSA amendment expanding the definition of home construction services did not alter the law applicable to the earlier transaction.

Holdings

1. Before the 2024 amendment, the HCSSA definition of a home construction service did not include repairs, improvements, remodeling, or renovation of an existing structure; those transactions therefore fell within the CSPA rather than exclusively within the HCSSA.
2. The 2024 amendment to the HCSSA could not be applied retroactively to govern the earlier transaction because the opinion identified no express legislative intent for retroactive application and retroactivity would affect substantive rights and impose new burdens and liabilities.
3. The CSPA jury instruction was a correct statement of Ohio law under the court's predicted interpretation of the pre-2024 statutes, so Defendants' objection to the instruction was overruled.

Questions Presented

1. Whether the Ohio Home Construction Service Suppliers Act, as it existed before its 2024 amendment, applied to repairs or remodeling of an existing residence.
2. Whether the Ohio Consumer Sales Practices Act therefore applied to Lambright's transaction and whether a CSPA jury instruction was legally proper.
3. Whether the 2024 HCSSA amendment could be applied retroactively to govern a transaction occurring before the amendment.

Disposition

other