L.E. Myers Co. v. Jordano Electric Co.

Defendant-appellant, Ohio Department of Transportation (“ODOT”), appeals the trial court’s granting of a summary judgment to plaintiff-appellee, L.E. Myers Company (“Myers”), in a mandamus action in which ODOT was ordered to pay Myers $69,372.11. Myers, a subcontractor, first filed a statutory lien against ODOT pursuant to R.C. 1311.26 et seq. because the prime contractor, Jordano Electric Company (“Jordano”), had failed to pay Myers for its work and materials used on an ODOT highway lighting project.

Then Myers filed an amended complaint against Jordano and its surety, Merchants’ and…