89 N.E.3d 85
Oh. Ct. App. 8th Dist. Cuyahog...2017Background
- Berube filed suit against Richardson d.b.a. Tazmainian Repair, Inc. alleging CSPA violations, breach issues, negligence, and related claims relating to home repairs.
- Richardson did not answer or appear, leading Berube to move for default judgment under Civ.R. 55.
- The trial court granted default judgment but denied a jury trial on damages and scheduled a hearing on damages.
- At damages hearing, Berube testified and the court awarded $70,376 total, including $15,000 actual, $45,000 treble under CSPA, and $5,000 non-economic damages; punitive damages were set at $1.
- The court also awarded Berube $20,375 in attorney fees oxidative to the default proceeding.
- Berube appeals arguing denial of a jury trial on damages and that the $1 punitive award is against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to a jury trial on damages after default | Berube demanded a jury trial for damages. | Richardson did not contest damages; no appearance limits jury rights. | Berube entitled to a jury trial on damages; reverse and remand for jury determination. |
| Punitive damages award correctness | Punitive damages supported due to egregious conduct. | Lack of appearance and evidence limited punitive sanction. | Punitive damages must be reconsidered in light of jury right and Civ.R. 55 constraints; remand for proper handling. |
Key Cases Cited
- Ohio Valley Radiology Assocs., Inc. v. Ohio Valley Hosp. Assn., 28 Ohio St.3d 118 (Ohio 1986) (default judgment and damages issues; liability established by default)