Auto-Owners Ins. v. Wheatley, Unpublished Decision (9-2-2005)

OPINION

{¶ 1} This lawsuit was filed by Auto-Owners Insurance Company ("Auto-Owners") as a subrogation action to recover the amount of $78,750, which was paid to William Stoneman and Rochelle Stoneman (collectively referred to as "the Stonemans") after the horse arena being constructed for them by John R. Wheatley, d.b.a. Wheatley Construction ("Wheatley") collapsed.

{¶ 2} Wheatley, in turn, sued the Stonemans in the same litigation for the amount due under the contract to construct the horse arena that had collapsed. An additional claim against the Stonemans alleged that they had committed a…