Kishmarton v. William Bailey Construction, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing the general rule that a plaintiff cannot obtain damages for emotional distress for breach of contract “unless the breach also caused bodily harm or the contract or the breach is of such a kind that serious emotional disturbance was a particularly likely result”
• adopting Second Restatement of Contracts and allowing emotional distress damages on a breach of contract claim only where the breach “‘caused bodily harm or the contract or the breach is of such a kind that serious emotional disturbance was a particularly likely result’”
• “We are confident that allowing emotional distress damages in breach-of-contract actions involving vendees and builder-vendors will not open the floodgates.”
• “We are confident that allowing emotional distress damages in breach-of-contract actions involving vendees and builder-vendors will not open the floodgates.”
• “[When t]he contract governs the warranty of good workmanship . . . the warranty of good workmanship arises from the contract. It can hardly be otherwise.”
• “[W]here the vendee and builder-vendor enter into an agreement for the future construction of a residence, the vendee’s claim for breach of an implied duty to construct the house in a workmanlike manner arises ex contractu.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

19 cases in this archive cite this case.

• Timothy Brainard v. American Skandia Life Assurance Corporation
  Sixth Circuit· 2005-12-28· cited 132×
• Powell v. Grant Med. Ctr.
  Ohio Court of Appeals· 2002-02-05· cited 77×
• Neth. Ins. Co. v. BSHM Architects, Inc.
  Court of Appeals of Ohio, Seventh District, Monroe County· 2018-09-12· cited 14×
• Watershed Mgt., L.L.C. v. Neff
  Ohio Court of Appeals· 2012-03-08· cited 11×
• Kishmarton v. William Bailey Constr., Inc.
  Ohio Supreme Court· 2001-09-26· cited 11×
• Evans Landscaping, Inc. v. Stenger
  Ohio Court of Appeals· 2011-11-23· cited 8×
• Nuovo v. the Ohio State University
  S.D. Ohio· 2010-07-16· cited 7×
• Martin v. JBS TECHNOLOGIES, LLC
  S.D. Ohio· 2006-08-16· cited 7×
• Cook v. ProBuild Holdings, Inc.
  Ohio Court of Appeals· 2014-08-14· cited 4×
• Landis v. William Fannin Builders, Inc.
  Ohio Court of Appeals· 2011-03-29· cited 3×
• Thompson v. Germantown Cemetery
  Ohio Court of Appeals· 2010-04-30· cited 2×
• In Re Educational Testing Service Praxis Principles of Learning & Teaching: Grades 7-12 Litigation
  E.D. Louisiana· 2007-05-29· cited 1×
• Perkins v. Petrilli
  Ohio Court of Appeals· 2022-06-16· cited 1×
• Jeffers v. Dept. of Natural Resources
  Ohio Court of Claims· 2009-11-20
• Brainard v. American Skandia
  Sixth Circuit· 2005-12-28
• Taylor v. Honda Motorcars, Inc.
  Ohio Court of Appeals· 2019-05-16
• Faber v. Ronald Chaffman General Construction, Inc.
  Ohio Court of Appeals· 2010-03-17
• Wood v. MAK Invest. Properties, L.L.C.
  Ohio Court of Appeals· 2024-09-12
• Cicoretti v. A&M Total Restoration, L.L.C.
  Ohio Court of Appeals· 2026-04-23

Cites

1 case in this archive is cited by this case.

• Velotta v. Leo Petronzio Landscaping, Inc.
  Ohio Supreme Court· 1982-02-24· cited 206×