Spinks

This appeal follows the entry of defense summary judgment. Defendants are the landlords of an apartment complex where plaintiff resided, under a lease entered into by her Ohio employer. The employer terminated plaintiff’s employment following an industrial injury, and then it directed defendants to change the locks on plaintiff’s apartment unit. They complied, thereby causing plaintiff to leave her residence. Plaintiff then instituted this litigation against the landlords alone. Asserting that she was an intended third party beneficiary of the lease, plaintiff alleged 12 causes of action, including contract, tort, and statutory claims. The trial court granted defendants summary judgment on all causes of action, ruling that plaintiff was not an intended beneficiary of the lease and thus not defendants’ tenant. The court also awarded defendants their costs of suit, including statutory attorney fees as the prevailing parties.

We reverse the judgment and the fee award. As we shall explain, defense summary judgment on the contract claims is precluded, because the question of plaintiff’s status as an intended third party beneficiary of the lease presents triable issues of…