Bigham v. Deer Run Owners Assn.

Citations

• 2024 Ohio 5233

Syllabus

In a dispute between appellee-homeowner's association and appellant-homeowner, the trial court erred in granting appellee's summary judgment motion as to appellant's breach of contract claim as to whether her house's crawl space was a common element, but it did not err in finding that there was a genuine issue of material fact as to whether the crawl space was a foundation. The trial court also erred in granting summary judgment to appellee as to the statutory breach of contract claim, as there is no bar to bringing both statutory and contractual claims. Finally, the trial court did not err in granting appellee summary judgment as to appellant's negligence claim, because it was barred by the economic loss doctrine. Judgment affirmed in part, reversed in part, and remanded.