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Reese v. Mechling

COURT OF APPEALS ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT
May 11, 2012
2012 Ohio 2138 (Ohio Ct. App. 2012)

Opinion

Case No. 11-COA-053

05-11-2012

KIMBERLY J. REESE Plaintiff-Appellee v. MICHAEL A. MECHLING, ET AL. Defendants-Appellants

For Plaintiff-Appellee STEVEN J. BRIAN Brian Law Offices For Defendants-Appellants JOYCE V. KIMBLER For Wayne Mutual Insurance Company EDWARD A. DARK


JUDGES:

Hon. Patricia A. Delaney, P.J.

Hon. William B. Hoffman, J.

Hon. John W. Wise, J.


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

STEVEN J. BRIAN

Brian Law Offices

For Defendants-Appellants

JOYCE V. KIMBLER

For Wayne Mutual Insurance Company

EDWARD A. DARK

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 CASE

A rendition of the facts is unnecessary for our resolution of this appeal.

{¶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.

{¶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

________________

HON. WILLIAM B. HOFFMAN

________________

HON. PATRICIA A. DELANEY

________________

HON. JOHN W. WISE

KIMBERLY J. REESE Plaintiff-Appellee

-vs

MICHAEL A. MECHLING, ET AL. Defendants-Appellants

JUDGMENT ENTRY


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.

________________

HON. WILLIAM B. HOFFMAN

________________

HON. PATRICIA A. DELANEY

________________

HON. JOHN W. WISE


Summaries of

Reese v. Mechling

COURT OF APPEALS ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT
May 11, 2012
2012 Ohio 2138 (Ohio Ct. App. 2012)
Case details for

Reese v. Mechling

Case Details

Full title:KIMBERLY J. REESE Plaintiff-Appellee v. MICHAEL A. MECHLING, ET AL…

Court:COURT OF APPEALS ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT

Date published: May 11, 2012

Citations

2012 Ohio 2138 (Ohio Ct. App. 2012)