from the Massillon Municipal Court, Case No. 2016CVI551
Defendant-Appellee BRANDON T. PAULEY Roderick Linton
Plaintiff-Appellant WILLIAM E. WALKER, JR.
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B.
Hofman, J. Hon. Earle E. Wise, Jr., J.
Plaintiff-appellant Haven Dovel appeals the April 18, 2017
Judgment Entry entered by the Massillon Municipal Court,
which approved and adopted the magistrate's April 22,
2016 decision as order of the court, and granted judgment in
favor of defendant-appellee Precision Pest Management.
OF THE FACTS AND CASE
In the fall of 2014, Appellant purchased a home located at
1028 Taggart Street, NW, Massillon, Stark County, Ohio
("the Property"). As a part of the process, Title
One/Cutler Real Estate hired Appellee to conduct a pest
inspection. On November 18, 2014, Appellee inspected the
Property and prepared a Wood Destroying Insect Inspection
Report. The report provided:
Based on a careful visual inspection of the readily
accessible areas of the structure(s) inspected:
B. Visible evidence of wood destroying insects was observed
2. Dead insects, insect parts, frass, shelter tubes, exit
holes, or staining (description and location):
Termite Shelter Tube Stains, Garage Block N.E., S.W. in
Shelter Tubes Joist East, Block West Garage Termite Shelter
Tubes, Block Basement South Central.
The report expressly stated it was not a structural damage
report, and "it should be understood that some degree of
damage, including hidden damage, may be present." The
report advised, "It appears that the structure(s) or a
portion thereof may have been previously treated." The
report further recommended treatment for the control of
termites. The report also noted five areas of the basement
which were obstructed or inaccessible.
Thereafter, Title One/Cutler Real Estate hired Appellee to
treat the Property. Appellee treated the basement and