Skripac v. Kephart, Unpublished Decision (3-19-2002)

OPINION

Defendant-appellant John Kephart, dba Alpine Excavating, appeals the decision of the Mahoning County Common Pleas Court which entered judgment in favor of plaintiff-appellee Michael Skripac for $15,000. The issues before us concern whether the damage award was supported by sufficient evidence and whether it was error to allow plaintiff to amend, by increasing, his $5,000 prayer for relief the day before trial. For the following reasons, the trial court's judgment is affirmed.

STATEMENT OF FACTS

Plaintiff wished to have a fishing pond constructed on his property in North Lima, Ohio. He…