Wood v. MAK Invest. Properties, L.L.C.

Citations

• 253 N.E.3d 707
• 2024 Ohio 4485

Syllabus

Summary judgment Civ.R. 56(C) negligence duty workmanlike manner contract tort privity. Judgment affirmed. Appellants' negligence cause of action fails because the evidence shows that appellee's duty arose from a contract, not from the common-law duty of workmanlike manner. When the duty allegedly breached by a defendant arises out of contract, the cause of action is one of contract, not tort. Further, that duty did not extend to the appellants because there is no privity of contract. Therefore, we find that there is no genuine issue of material fact and appellees were entitled to judgment as a matter of law.