Reese v. Mechling

2012 Ohio 2138

• Court: Ohio Court of Appeals
• Decided: May 11, 2012
• Docket: 11-COA-53
• Status: Published

Opinion

[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