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Dovel v. Precision Pest Management

Court of Appeals of Ohio, Fifth District, Stark

November 20, 2017

HAVEN DOVEL Plaintiff-Appellant
v.
PRECISION PEST MANAGEMENT Defendant-Appellee

         Appeal from the Massillon Municipal Court, Case No. 2016CVI551

          For Defendant-Appellee BRANDON T. PAULEY Roderick Linton Belfance, LLP

          For Plaintiff-Appellant WILLIAM E. WALKER, JR.

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B. Hofman, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Hoffman, J.

         {¶1} 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.

         STATEMENT OF THE FACTS AND CASE

         {¶2} 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 as follows:
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.

         {¶3} 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.

         {¶4} Thereafter, Title One/Cutler Real Estate hired Appellee to treat the Property. Appellee treated the basement and ...


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