Booth v. Duffy Homes, Inc.

Klatt, Judge.

{¶ 1} This matter is before us pursuant to an order of remand from the Supreme Court of Ohio in Booth v. Duffy Homes, Inc., 121 Ohio St.3d 358, 2009-Ohio-1392, 904 N.E .2d 535, for consideration of whether our prior judgment in this case should be modified in view of Martin v. Design Constr. Servs., Inc., 121 Ohio St.3d 66, 2009-Ohio-1, 902 N.E.2d 10. For the following reasons, we decline to modify our judgment. However, in view of Martin, we modify our decision.1

{¶ 2} The procedural and factual background of this case are set out in Booth v. Duffy Homes, Inc., Franklin App. No.…