Pruszynski v. Reeves

881 N.E.2d 1230, 117 Ohio St. 3d 92
CourtOhio Supreme Court
DecidedFebruary 14, 2008
DocketNo. 2006-2072
StatusPublished
Cited by26 cases

This text of 881 N.E.2d 1230 (Pruszynski v. Reeves) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pruszynski v. Reeves, 881 N.E.2d 1230, 117 Ohio St. 3d 92 (Ohio 2008).

Opinions

O’Connor, J.

{¶ 1} Today we decide an issue that has caused much consternation among the trial and appellate courts in this state. Does a motion for prejudgment interest pursuant to R.C. 1343.03(C) require the trial court to conduct an evidentiary hearing before rendering a ruling? For the reasons that follow, we hold that a trial court must set a date certain for an evidentiary hearing before ruling on an R.C. 1343.03(C) motion for prejudgment interest. Consequently, courts of appeals do not have the authority to rule on a motion for prejudgment interest when the trial court has ruled on the motion without setting a date certain for an evidentiary hearing.

Relevant Background

{¶ 2} On March 24, 2000, plaintiff-appellee Lucien Pruszynski, a minor on that date, was a front-seat passenger in a car driven by Sarah Reeves. While Reeves drove down Woodin Road in Hambden Township, Geauga County, defendants-appellants Charles Kaufman III and Vance Van Driest, both minors, were bicycling on Woodin Road. Reeves swerved to avoid them, but as she swerved back into her lane she lost control of the vehicle, driving it into a ditch. As a result of this accident, Lucien incurred medical bills because of injuries to his left knee, right leg, and right ankle.

{¶ 3} Lucien and his parents, Robert and Laurel Pruszynski, filed suit in the Geauga County Court of Common Pleas on November 25, 2002, against Sarah, Charles and his parents (Charles Jr. and Dinah Kaufman), and Vance and his mother (Denise Marlene Van Driest). The Kaufmans and the Van Driests disputed liability. Despite extensive pretrial discovery and mediation, the case was not settled.

{¶ 4} At trial, the jury found that all the defendants were liable in varying degrees for Lucien’s injuries and awarded $175,000 to Lucien and $56,540.26 to his parents. The Pruszynskis subsequently filed a motion, with a request for a hearing, for prejudgment interest pursuant to R.C. 1343.03(C). Attached to the motion were several documents relating to the parties’ settlement negotiations. The Pruszynskis later supplemented these exhibits with discovery obtained in [94]*94connection with the motion for prejudgment interest. After considering the Pruszynskis’ briefs and those of the defendants, the trial court denied the motion for prejudgment interest without conducting a hearing.

{¶ 5} On appeal by the Pruszynskis, the Eleventh District Court of Appeals held that the trial court had abused its discretion in denying the motion for prejudgment interest with respect to the Kaufman and Van Driest defendants. Pruszynski v. Reeves, 11th Dist. No. 2005-G-2612, 2006-Ohio-5190, 2006 WL 2798257, ¶ 48. The appellate court therefore reversed the trial court’s judgment denying the motion, determined that prejudgment interest was appropriate, and remanded the matter to determine the amount of prejudgment interest owed to the Pruszynskis. Id.

{¶ 6} The Kaufman and Van Driest defendants filed a notice of appeal with this court, and we granted discretionary jurisdiction to address the issue whether an evidentiary hearing is necessary prior to ruling on a motion for prejudgment interest pursuant to R.C. 1343.03(C).

Analysis

{¶ 7} The central issue in this case revolves around the meaning of the word “hearing” found in R.C. 1343.03(C). That section of the Revised Code allows for the award of prejudgment interest if “upon motion of any party to a civil action that is based on tortious conduct, that has not been settled by agreement of the parties, and in which the court has rendered a judgment, decree, or order for the payment of money, the court determines at a hearing held subsequent to the verdict or decision in the action that the party required to pay the money failed to make a good faith effort to settle the case and that the party to whom the money is to be paid did not fail to make a good faith effort to settle the case.” R.C. 1343.03(C)(1).1 The nature and form of the required hearing are in dispute.

{¶ 8} The Revised Code does not define “hearing” as it relates to prejudgment interest. “In the absence of a statutory definition, we must apply the ordinary and common understanding of the term * * *. R.C. 1.42.” Culbreath v. Golding Ents., L.L.C., 114 Ohio St.3d 357, 2007-Ohio-4278, 872 N.E.2d 284, ¶ 22.

{¶ 9} In numerous instances, the General Assembly has used the term “hearing” without defining it. In those cases, we have left the nature of the hearing to the discretion of the trial court. The common characteristic of those hearings, however, is that they must be evidentiary hearings of some kind. We have not authorized trial courts to rule on motions in those circumstances based solely on the parties’ briefs.

[95]*95{¶ 10} Also shedding light on our discussion is our recent holding that trial courts have discretion whether to schedule a formal hearing for a motion for summary judgment. Hooten v. Safe Auto Ins. Co., 100 Ohio St.3d 8, 2003-Ohio-4829, 795 N.E.2d 648, ¶ 14. Regardless of whether or not there is a formal hearing, in Hooten we required an evidentiary hearing of some sort. When ruling on a motion for summary judgment, a trial court is limited to reviewing the pleadings and evidentiary materials submitted in support of and in opposition to the motion. The notice of hearing for summary judgment must be provided, however, either through local rules of procedure or a specific case-management order so as to schedule a deadline for submitting evidence and briefs supporting or opposing the motion. Id. at ¶ 35.

{¶ 11} Unlike a motion for summary judgment, a motion for prejudgment interest is not constrained by any kind of structure regarding the type of hearing that must be held. If we did not require an evidentiary hearing, the resulting presumption would be that no new evidence is required. To the contrary, a motion for prejudgment interest addresses facts and issues different from those submitted at trial. In fact, the issue of prejudgment interest pursuant to R.C. 1343.03(C) is akin to those areas of law calling for factual determinations reviewable under an abuse-of-discretion standard2 because it calls upon the trial court to make factual determinations regarding the parties’ good faith efforts to settle a case. Miller v. First Internatl. Fid. & Trust Bldg., Ltd., 113 Ohio St.3d 474, 2007-Ohio-2457, 866 N.E.2d 1059, ¶ 7.

{¶ 12} Although the court may rely in part on its own participation during the pretrial and trial proceedings to aid in its ruling on the motion, Galmish v. Cicchini (2000), 90 Ohio St.3d 22, 34, 734 N.E.2d 782, the parties have the right to a date certain for an evidentiary hearing. The trial court, however, has the discretion to determine the nature of the evidentiary hearing to be held, as it is in the best position to select the kind of evidence necessary to make the findings required by R.C. 1343.03(C) and determine whether an award of prejudgment interest is proper.

{¶ 13} Having conducted case-management conferences, pretrials, settlement conferences, and the trial, a court in some instances may decide that presentation of evidence by affidavits, depositions, and other documents is sufficient; at other times, the trial court may decide that an oral evidentiary hearing is more appropriate.

[96]

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Cite This Page — Counsel Stack

Bluebook (online)
881 N.E.2d 1230, 117 Ohio St. 3d 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pruszynski-v-reeves-ohio-2008.