Eye v. Sal's Heating & Cooling, Inc.

Citations

• 2020 Ohio 6737

Syllabus

Agency relationship Ohio Adm.Code 109:-4-3-05(D)(1) and R.C. 1345.02(N)(10)/unfair or deceptive practice OCSPA violation, product warranty, exclusions, spoliation. Appellant failed to present sufficient evidence that an agency relationship existed between appellees and that appellant was induced to rely on the purported agency relationship to his detriment. Appellee committed no violation of the OCSPA or breach of warranty. Because no agency relationship existed between appellees, appellee had no obligation under the product's warranty. Additionally, it was disclosed to appellant, and appellant agreed to the terms of having the repairs completed outside of normal business hours and the costs for those repairs. Where appellant did not request to keep the old part, and appellee disposed of the old part as a normal course of action, there was no evidence to support a claim of spoliation.