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Westfield Insurance Group v. Pure Renovations, LLC

Court of Appeals of Ohio, Tenth District

November 21, 2019

Westfield Insurance Group, A/S/O Jane E. Pfeifer Plaintiff-Appellant,
v.
Pure Renovations, LLC, Defendant-Appellee.

          APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 17CV-5212)

         On brief:

          de Luca Levine, LLC, Matthew Connolly, and Kenneth T. Levine, for appellant.

         Argued:

          Kenneth T. Levine.

         On brief:

          Gallagher Sharp LLP, Steven D. Strang, and Quinn M. Schmiege, for appellee.

         Argued:

          Steven D. Strang.

          DECISION

          KLATT, P.J.

         {¶ 1} Plaintiff-appellant, Westfield Insurance Group A/S/O Jane E. Pfeifer, appeals the judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant-appellee, Pure Renovations, LLC. Because there are disputed material issues of fact and because appellee has not demonstrated that it is entitled to judgment as a matter of law, we reverse.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} Appellant's insured, Jane F. Pfeifer, owned a home located at 274 Beckley Lane in Dublin, Ohio. Pfeifer entered into a contract with appellee to renovate the kitchen and to do other miscellaneous work at her home. None of the work directly involved the attached garage. Appellee began the renovation work in late October or early November 2016.

         {¶ 3} During most of the project, the crew disposed of construction debris in a dumpster placed in the driveway. However, at some point in time, the dumpster was removed and construction debris was piled in the garage. The debris pile contained strips of plywood, trim, carpentry trash, and other construction material. The debris pile was between one ...


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