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DEAN v. SECO ELECTRIC CO.

No. 87-414.

35 Ohio St. 3d 203 (1988)

DEAN; ECHARD ET AL., APPELLEES, v. SECO ELECTRIC COMPANY; FIDELITY & DEPOSIT COMPANY OF MARYLAND, APPELLANT.

Supreme Court of Ohio.

Decided March 2, 1988.

Attorney(s) appearing for the Case

Rolland E. Laughbaum, for appellees.

McNamara & McNamara, Keith McNamara, John J. Petro and Demise Smith Golonka, for appellant.

Anthony J. Celebrezze, Jr., attorney general, and Douglas R. Folkert, urging affirmance for amici curiae, James W. Harris, Director, Ohio Department of Industrial Relations, et al.

Zellmer & Gruber, Bingham W. Zellmer and John M. Manos, urging reversal for amicus curiae, American Insurance Association.

MOYER, C.J.

This is a case of first impression requiring us to determine whether a surety, in addition to its duty to pay unpaid wages under its labor and material payment bond, is also liable for the penalty provided in R.C. 4115.10, a sum equal to the unpaid wages as well as reasonable attorney fees and costs. For the reasons stated below, we hold that a surety is not liable for such penalties, attorney fees, and costs, and accordingly reverse the judgment of the...

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