A dispute over plumbing services has escalated into a legal battle involving allegations of breach of contract and consumer protection violations. Canton-Stark County Sewer Cleaning, Inc., doing business as Roto-Rooter, filed a complaint against Casey M. Magee and Sara M. Magee in the Stark County Court of Common Pleas on August 2023, accusing them of failing to pay an invoice for services rendered.
The case began when Sarah Magee contacted Roto-Rooter on June 28, 2023, regarding a leak in their basement. An employee from Roto-Rooter assessed the situation and recommended extensive repairs, including breaking concrete and replacing pipes. The quote provided was $11,237.19, but there was no written agreement signed by the Magees to this estimate. Despite this, work commenced on June 30, 2023. The cost was later reduced to $7,623.40 after a “gross margin analysis,” but the Magees refused to pay any amount.
In response to the lawsuit for non-payment, the Magees counterclaimed against Roto-Rooter for breach of contract and violations under Ohio’s Home Solicitation Sales Act (HSSA) and Consumer Sales Practices Act (CSPA), among other allegations such as fraudulent inducement and fraud. They described Roto-Rooter’s supervisor as “pushy” during negotiations and challenged the necessity and transparency of the quoted repairs.
The trial court granted summary judgment in favor of Roto-Rooter on several counts including the HSSA claim but found merit in some CSPA claims brought by the Magees. The court awarded statutory damages totaling $2,400 for these violations but denied attorney fees due to the nature of the infractions not being significantly egregious.
Roto-Rooter also filed a cross-appeal arguing that if no contract existed then they should succeed on unjust enrichment grounds; however, this too faced scrutiny due to inconsistencies in findings about whether an enforceable contract existed at all.
Ultimately, while some claims were affirmed by the court—such as those related to unjust enrichment—the matter was remanded back for further proceedings regarding specific contractual determinations and equitable remedies available under unjust enrichment claims.
Representing Canton-Stark County Sewer Cleaning were attorneys Robert W. Eckinger and Stephen A. Eckinger while Alex J. McCallion and Zachary S. Mottice represented Casey M. Magee et al., with Judges Craig R. Baldwin presiding alongside Robert G. Montgomery and Kevin W. Popham overseeing Case No: 2025CA00054.
Source: 2026Ohio219_Canton_Stark_County_Sewer_Cleaning_Inc_v_Magee_Opinion_Ohio_Court_of_Appeals.pdf