Appeals panel agrees that failure to read document doesn't null contract

KEITH ARNOLD, Daily Reporter Staff Writer
A Franklin County appellate panel was unable to conclude that the Franklin County Municipal Court's determination in a breach of contract suit between a specialty home-cleaning service and the next of kin of a Grove City man who died in his home was against the manifest weight of the evidence in a recent decision.

"Upon our review of the record, we find no error in the trial court's determination that an enforceable contract existed between the parties," 10th District Court of Appeals Judge Patrick McGrath wrote for the 3-0 court.

The appellate court's holding overruled Nancy Buffington's claim that the trial court was mistaken to find that the contract between her and the cleaning service was enforceable and, therefore, obligated the woman to utilize the company's services per the agreed terms.

Buffington's father died in his home on Nov. 10, 2005, case summary provided. The man's body was discovered one-and-a-half to two days after his death. Approximately one week later, the personal belongings were removed from the home and it was listed for sale.

On Jan. 14, 2006, Buffington contracted for the services of Aftermath Inc., which provides biological remediation and cleanup services. According to the contract, the woman agreed to pay for cleanup services concerning an unattended death in the Grove City home.

Aftermath's complaint alleged that after the firm rendered services, appellant refused to pay the amount due under the contract. After a trial to the bench, the trial court concluded that a valid written contract existed between the parties and that the company was entitled to payment for the services rendered in accordance with the contract. The court awarded damages in the amount of $6,189.36 to Aftermath.

The panel noted Buffington signed both a site cleanup agreement and a fee agreement for non-insurance-related jobs. Additionally, the court rejected the woman's claim there existed no evidence that she understood or agreed to biological remediation of her father's home.

"... As noted by the trial court, appellant's stated failure to read the documents prior to signing them is of no consequence as it is well-established that the failure to read the terms of a contract is not a valid defense to enforcement of the contract," as in Haller v. Borror Corp. (1990), 50 Ohio St.3d 10, 14.

"Further, appellant's argument that she was 'mistaken' equally fails because 'relief for a unilateral mistake of material fact will not be provided where such mistake is the result of the negligence of the party seeking relief,'" as in Hikmet v. Turkoglu, 10th Dist. No. 08AP-1021, 2009-Ohio-6477, and Marshall v. Beach (2001), 143 Ohio App.3d 432, 437.

Fellow 10th District Judge Susan Brown and John Connor joined McGrath to form the majority.

The case is cited as Aftermath Inc. v. Buffington, 2010-Ohio-19.

Why you need crime scene cleanup services

By Alex Thomson

Crime scene cleanup or trauma scene cleanup after the death of someone either violently or naturally is by and large the responsibility of the victim’s family. Even till few years ago, there were a handful of cleaning companies that specialized in trauma cleaning service. But today this niche service has emerged as a lucrative business and there are many companies who provide this service.

Trauma cleaning service requires special experience, skills, equipment and expertise to deal with different types of bio-hazardous waste and dispose them efficiently with the minimum possible emotional stress to the victim’s family.

The most traumatic form of death is violent death and leaves the victim’s family feeling both victimized and traumatized. Coming to terms with the unnatural death of a loved one is in itself an uphill task for the bereaved family, and to top it they have to deal with other practical matters like making funeral arrangements, dealing with insurance issues, contacting surviving family and friends and locating wills. Furthermore, in case of violent crimes the police and the media are also involved. This can really overwhelm any family. Here is where trauma cleaning service comes to your rescue. They lighten one of the heaviest burdens, that is of dealing with the horrid murder cleanup. They will take care of the crime scene cleanup, ensuring that the scene is restored to its pre-incidental state as far as possible and in the most quick and efficient manner thus allowing you to deal with other important matters. Most service providers work discreetly and protect the confidentiality of the sufferer and family.

Most of the times, the crime scenes are so ghastly that they can induce additional emotional trauma in victim’s friends and family. By hiring professionals for cleanup, you can reduce this emotional stress. Immediately after death the nature begins its process of breaking down the body. Unattended death scene and dead bodies can be dangerous as it gives rise to blood borne pathogens, mold spores and bacteria. You may try to clean the area by yourself but the exposure may result in flu-like diseases or direct attack on the respiratory system. So it is advisable to leave this job to professionals who specialize in bio fluid and blood remediation.

The total cost involving a trauma scene cleanup will depend on a number of factors. One of the most major factors is that how many technicians will be needed for the job, how long will the job take and the quantity of hazardous material that needs to be treated and disposed of. It can range anywhere in the range of $100 to $1000 per hour. Some people might call this business as capitalizing on death but it is still essential and indispensable in case of a death.