Rialto on Hurstbourne, L.L.C. v. US LBM Operating Co. 3009, L.L.C.

Citations

• 2026 Ohio 1179

Syllabus

SUMMARY JUDGMENT — CIV.R. 56 — OHIO PRODUCTS LIABILITY ACT — ECONOMIC HARM — BREACH OF CONTRACT — BREACH OF WARRANTY — EXPRESS WARRANTIES — WARRANTY OF MERCHANTABILITY — WARRANTY OF FITNESS — DESIGN DEFECTS — INDEMNITY — ATTORNEY FEES: Because plaintiff-buyer alleged only economic harm in the form of nonphysical property damage, losses in value, cost of replacement, and consequential business harms, its breach-of-warranty claims were not governed by the Ohio Products Liability Act, codified at R.C. 2307.71 through 2307.80.The trial court's summary judgment for defendant-seller on plaintiff-buyer's claims for breach of express warranties of merchantability and suitability for intended purpose was improper where plaintiff-buyer's expert evidence showed that flooring materials delivered by defendant-seller failed to provide noise isolation that came close to the manufacturer's advertised capabilities and fell below generally-accepted housing-code standards, because a reasonable factfinder could determine that the flooring material had failed to conform to the warranties. The trial court's summary judgment for defendant-seller on plaintiff-buyer's claim for breach of an express warranty against defects in design was proper where context indicated that the design-defect warranty covered only defects that rendered the product unsafe, and where plaintiff-buyer had not alleged that the flooring material at issue was not reasonably safe. Defendant-seller was not entitled to summary judgment on plaintiff-buyer's breach-of-warranty claims where plaintiff-buyer had introduced evidence that would support a plausible theory of damages, even if plaintiff-buyer did not adequately prove what those damages would be. Plaintiff-buyer would not be entitled to recover attorney fees from defendant-seller under the contract's indemnification provision, in which defendant-seller promised to indemnify plaintiff-buyer for litigation expenses resulting from a breach of warranty, because it was