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Isquick v. Classic Autoworks8/9/1993
KRUPANSKY, Judge.
Plaintiff-appellant B. Scott Isquick appeals from an order of the trial court granting defendants-appellees Ronald Fuller and Classic Autoworks, Inc. a new trial. The trial court determined a new trial was warranted since substantial justice had not been done in connection with the parties' dispute involving the restoration of antique automobiles.
Plaintiff filed a three-count complaint in the trial court May 5, 1988 against defendants Fuller, individually and doing business as Classic Auto Works, ansdefendant Classic Autoworks, Inc. Plaintiff's complaint raised the following three claims, viz.: (1) breach of contract to serve as a "project manager" to restore antique automobiles owned by plaintiff, (2) fraud by misrepresenting his experience and skill in restoring antique automobiles to induce plaintiff to retain defendants, and (3) negligent failure to conform to the standards of the antique automobile restoration industry. Defendants filed an answer denying the allegations in plaintiff's complaint and raised a counterclaim for unpaid wheel covers on account in the amount of $884.18.
The matter proceeded to a jury trial on plaintiff's contract and negligence claims along with defendants' counterclaim. Plaintiff presented testimony from the following four witnesses, viz.: (1) plaintiff Isquick; (2) defendant Fuller, as if on cross-examination; (3) Jerome Miscevich, the third person engaged by plaintiff to restore his antique automobiles; and (4) Dale Adams, the fourth person plaintiff engaged to restore the same antique automobiles. Defendants presented testimony from the following three witnesses, viz.: (1) John Peets, a high school student employed by defendants to restore the vehicles; (2) defendant Fuller; and (3) his wife Kathleen Fuller.
The testimony adduced at trial demonstrates plaintiff was a successful businessman who owned a collection of rare antique automobiles. Several of plaintiff's automobiles were destroyed or seriously damaged by a fire at his Pepper Pike home in March 1976. Plaintiff subsequently engaged a series of four different persons to restore the vehicles he deemed to be salvageable, including the three vehicles in the case sub judice, to wit: (1) a 1911 Mercedes seventy horsepower, (2) a 1911 Mercedes fifty horsepower, and (3) a 1925 Mercedes. One plaintiff witness testified the 1911 Mercedes seventy horsepower was the only existing vehicle of its type in the world and had an estimated value of $1 million.
Isquick initially hired Jack Fisher to restore these vehicles sometime after the fire. Defendant Fuller, who worked full-time as an industrial arts teacher at Newbury High School in Geauga County during this time, was hired by Fisher to help in the restoration on a part-time basis. Fuller had no prior experience restoring antique cars, a fact known to Isquick, although Fuller had experience doing body work on modern vehicles predominantly Chevrolet Corvettes. Isquick and Fuller became acquainted with each other and subsequently discussed the possibility in 1984 of Fuller working full-time on the vehicles because Isquick was dissatisfied with the progress of the restoration since the fire eight years previously.
Fuller began working on the three antique vehicles on a time and material basis and submitted periodic billings to Isquick over a three-year period from October 1984 through approximately March 1987. Fuller was initially paid between six and eight dollars per hour. Fuller subsequently incorporatesdefendant Classic Autoworks, Inc. during 1986. Isquick monitored the progress of the restoration project from time to time and paid all invoices submitted to him wi
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