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Kishmarton v. William Bailey Construction, Inc.

Ohio Supreme Court
93 Ohio St. 3d 226, 754 N.E.2d 785 (2001)

Written by Alex Ruskell, JD

Facts

Donald Kishmarton (plaintiff) entered into a contract with William Bailey Construction, Inc. (defendant) to build a home. Bailey agreed to build the home in a workmanlike manner. When the home was completed, Kishmarton moved in and soon discovered that the home had several problems with leaking water. After the leaks continued for several years, Kishmarton sued Bailey, arguing that he was entitled to damages for restoration costs and for the loss of enjoyment of the residence. The trial court ruled in Kishmarton’s favor, and the court of appeals affirmed. Bailey appealed to the Ohio Supreme Court, arguing that Kishmarton was not entitled to loss-of-enjoyment damages.

Rule of Law

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Issue

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Holding and Reasoning (Pfeifer, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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