Ohio Supreme Court, 2008

Martin v. Design Constr. Servs., Inc.

Martin v. Design Constr. Servs., Inc.
Ohio Supreme Court · Decided January 23, 2008 · Donnell
116 Ohio St. 3d 1471; 879 N.E.2d 781
Martin v. Design Constr. Servs., Inc.

Cases that cite this one

1 later published case cites this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Summit App. No. 23422, 2007-Ohio-4805. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals’ Journal Entry filed October 24, 2007:

“Whether in an action for temporary damages to noncommercial real property, a failure to prove *1472the difference between the fan’ market value of the whole property just before the damage was done and immediately thereafter is fatal to the claim.”

O’Donnell, J., dissents.

The conflict cases are Adcock v. Rollins Protective Servs. Co. (1981), 1 Ohio App.3d 160, and Krofta v. Stallard, Cuyahoga App. No. 85369, 2005-Ohio-3720.

Sua sponte, cause consolidated with 2007-2024, Martin v. Design Constr. Sews., Inc., Summit App. No. 23422, 2007-Ohio-4805.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.