Shirley v. Kruse, Unpublished Decision (1-19-2007)

OPINION

{¶ 1} Defendant, Sheila Kruse, appeals from a judgment of the Fairborn Municipal Court that awarded $3,000 in damages to Plaintiff, Justin Shirley.

{¶ 2} Shirley and Kruse own adjacent townhouse properties at Jamestown Court in Rona Village in Fairborn. Kruse rents her townhouse property to tenants and Shirley lives at his townhouse with his fiancé. In December 2003, Kruse hired a plumber to work on a pipeline that runs from her kitchen sink to the sewer line. As part of this work, the plumber had to jackhammer the foundation. The plumber replaced piping that had deteriorated over the…