Reese v. Mechling

[Cite as Reese v. Mechling, 2012-Ohio-2138.]
COURT OF APPEALS
ASHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
KIMBERLY J. REESE JUDGES:
Hon. Patricia A. Delaney, P.J.
Plaintiff-Appellee Hon. William B. Hoffman, J.
Hon. John W. Wise, J.
-vs-
Case No. 11-COA-053
MICHAEL A. MECHLING, ET AL.
Defendants-Appellants OPINION
CHARACTER OF PROCEEDING: Appeal from the Ashland County Court of
Common Pleas Case No. 11-CIV-345
JUDGMENT: Reversed and Remanded
DATE OF JUDGMENT ENTRY: May 11, 2012
APPEARANCES:
For Plaintiff-Appellee For Defendants-Appellants
STEVEN J. BRIAN JOYCE V. KIMBLER
Brian Law Offices 50 S. Main Street, Suite 502
81 Maplecrest Avenue, S.W. Akron, Ohio 44308
North Canton, Ohio 44720
For Wayne Mutual Insurance Company
EDWARD A. DARK
3873 Cleveland Road
Wooster, Ohio 44691
Ashland County, Case No. 11-COA-053 2
Hoffman, J.
{¶1} Defendants-appellants Michael A. Mechling, et al., appeal the November
18, 2011 Judgment Entry entered by the Ashland County Court of Common Pleas
denying their Motion to Bifurcate. Plaintiff-appellee is Kimberly J. Reese.
STATEMENT OF THE CASE1
{¶2} Appellee sued Appellants for injuries alleged to have resulted from
Appellant Michael Mechling’s operation of his vehicle. Appellee was a passenger in the
vehicle. Appellee sought both compensatory and punitive damages.
{¶3} Appellants filed a Motion to Bifurcate the issue of punitive damages
pursuant to R.C. 2315.21. On November 18, 2011, the trial court overruled the motion.
{¶4} It is from that entry Appellants prosecute this appeal, assigning as error:
{¶5} “I. THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT
DENIED APPELLANT’S MOTION TO BIFURCATE PLAINTIFF’S PUNITIVE DAMAGES
CLAIM PURSUANT TO §R.C.2315.21(B).”
{¶6} The trial court overruled Appellant’s Motion to Bifurcate based upon this
Court’s ruling in Plaugher v. Oniala, 2011 Ohio 1207. In Plaugher, this Court found R.C.
2315.21(B) to be unconstitutional.
{¶7} Subsequent to the trial court’s decision and while this appeal was pending,
the Ohio Supreme Court decided Havel v. Villa St. Joseph, 2012-Ohio-552. Therein,
the Supreme Court specifically found R.C. 2315.21(B) does not violate the Ohio
Constitution. Id, syllabus 1.
{¶8} Based upon Havel, Appellants’ assignment of error is sustained.
1
A rendition of the facts is unnecessary for our resolution of this appeal.
Ashland County, Case No. 11-COA-053 3
{¶9} The judgment of the trial court is reversed and the case remanded to that
court for further proceedings.
By: Hoffman, J.
Delaney, P.J. and
Wise, J. concur
s/William B. Hoffman _________________
HON. WILLIAM B. HOFFMAN
s/ Patricia A. Delaney _________________
HON. PATRICIA A. DELANEY
s/ John W. Wise _____________________
HON. JOHN W. WISE
Ashland County, Case No. 11-COA-053 4
IN THE COURT OF APPEALS FOR ASHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
KIMBERLY J. REESE :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
MICHAEL A. MECHLING, ET AL. :
:
Defendants-Appellants : Case No. 11-COA-053
For the reasons stated in our accompanying Opinion, the judgment of the
Ashland County Court is reversed and this matter is remanded to that court for further
proceedings in accordance with our Opinion and the law. Costs to Appellee.
s/ William B. Hoffman_________________
HON. WILLIAM B. HOFFMAN
s/ Patricia A. Delaney _________________
HON. PATRICIA A. DELANEY
s/ John W. Wise _____________________
HON. JOHN W. WISE