Professional Negligence Law Reporter

An Ohio appellate court held that homeowners’ professional negligence claims against a geotechnical engineering firm were time-barred under state law.

Infrastructure & Development Engineering, Inc. (IDE) performed a geotechnical investigation in 2015 in connection with a proposed home development. It certified that all earthworks at the property were constructed in accordance with the approved plans and the recommendations in IDE’s geotechnical report. Grant and Dana Breazeale purchased the property in 2017 and installed an in-ground pool, landscaping, and additional retaining walls. In March 2021, a landslide damaged the home’s foundation, interior, and pool, among other things. The Breazeales sued IDE in August 2021, alleging professional and gross negligence. The plaintiffs asserted that the defendant breached the standard of care owed by geotechnical engineers.

The defense moved for summary judgment, arguing that the plaintiffs’ claims were barred by Ohio Rev. Code Ann. §2305.09(D)’s four-year limitations period. The trial court granted the motion, holding that the discovery rule was inapplicable to professional negligence claims.

Affirming, the appellate court noted that because the plaintiffs allege professional and gross negligence claims against the defendant, they were required to bring these claims within four years after they accrued. IDE completed its geotechnical work on the plaintiff’s property in 2015, the court noted, concluding that the plaintiffs had until 2019 to bring their claims. Citing case law, the court found that a cause of action for professional negligence accrues when the act is committed. Here, the court said, the allegedly negligent act was complete when IDE finished its engineering design in September 2015.

Consequently, summary judgment for IDE was proper.

Citation: Breazeale v. Infrastructure & Dev. Eng’g, Inc., 2023 WL 7383182 (Ohio Ct. App. Nov. 8, 2023).