Allstate Ins. Co. v. All Weather Constr., L.L.C. ( 2012 )

[Cite as Allstate Ins. Co. v. All Weather Constr., L.L.C., 2012-Ohio-929.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97197
ALLSTATE INSURANCE CO., ET AL.
PLAINTIFFS-APPELLEES
vs.
ALL WEATHER CONSTRUCTION, LLC
DEFENDANTS-APPELLANTS
JUDGMENT:
REVERSED AND REMANDED
Civil Appeal from the
Cuyahoga County Common Pleas Court
Case Nos. CV-748733 and 745178
BEFORE: E. Gallagher, J., Boyle, P.J., and Jones, J.
RELEASED AND JOURNALIZED: March 8, 2012
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ATTORNEYS FOR APPELLANTS
All Weather Construction, LLC,
and Michael Detzel
Colleen A. Mountcastle
Gallagher Sharp
Bulkley Building, 6th Floor
1501 Euclid Avenue
Cleveland, Ohio 44115
Patti Jo Malnar
Law Offices of John Rasmussen
55 Public Square
Suite 725
Cleveland, Ohio 44113
ATTORNEYS FOR APPELLEES
Allstate Insurance Co.
Brian J. Green
James A. Marx
Shapero & Green LLC
Signature Square II
25101 Chagrin Blvd., Ste. 220
Beachwood, Ohio 44122
Ching-Feng Chang, et al.
Lei Jiang
Kewu Li
Lei Jiang, LLC
26943 Westwood Road
Westlake, Ohio 44145
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Ohio Attorney General
Michael Dewine
Ohio Attorney General
30 East Broad Street
State Office Tower, 17th Floor
Columbus, Ohio 43215
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EILEEN A. GALLAGHER, J.:
{¶1} Defendants-appellants, All Weather Construction, LLC and Michael
Detzel, appeal the trial court’s denial of their motion to bifurcate the trial on the issue of
punitive damages. An interlocutory appeal was filed.
{¶2} In Case No. CV-748733, plaintiffs filed suit alleging breach of contract,
breach of express warranty, breach of implied warranty, negligence, violation of the
Consumer Sales Practices Act, negligent hiring, negligent supervision, and fraud, all
relating to the installation of a roof and siding on a home located in Strongsville, Ohio.
In addition to the above-cited claims for which plaintiffs seek compensatory damages,
plaintiffs sought punitive damages under a claim for relief based upon intentional
infliction of emotional distress.
{¶3} In a consolidated action, CV-745178, Allstate Insurance filed a complaint
against All Weather Construction seeking subrogation for coverage provided to plaintiffs
on the first action.
{¶4} Defendants answered the complaints filed against them and filed the
aforementioned motion to bifurcate.
{¶5} The Ohio Supreme Court in Havel v. Villa St. Joseph, __ Ohio St.3d __,
2012-Ohio-552, ___ N.E.2d ___, has held that R.C. 2315.21(B) creates a substantive
right to bifurcation on tort actions where both compensatory and punitive damages are
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sought.
{¶6} Therefore, the appellants’ first assignment of error is sustained and the
case is reversed and remanded for further proceedings consistent with this opinion.
It is ordered that appellants recover from appellees costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate be sent to said lower court to carry this
judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
EILEEN A. GALLAGHER, JUDGE
MARY J. BOYLE, P.J., and
LARRY A. JONES, SR., J., CONCUR