Allstate Ins. Co. v. All Weather Constr., L.L.C.

2012 Ohio 929

• Court: Ohio Court of Appeals
• Decided: March 8, 2012
• Docket: 97197
• Status: Published

Opinion

[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 2

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 3

Ohio Attorney General

Michael Dewine Ohio Attorney General 30 East Broad Street State Office Tower, 17th Floor Columbus, Ohio 43215 4

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 5

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