2015 Ohio 3995
Ohio Ct. App.2015Background
- City of Columbus sued SSA, Ltd. and Slane Trucking for trespass, negligence, nuisance, conversion, a R.C. 901.51 violation, and ejectment related to trees cut on city property near the O'Shaughnessy Reservoir during work on SSA’s property.
- Slane defendants cross-claimed for indemnification; SSA counterclaimed for breach of covenant/trespass/nuisance alleging drainage ditch maintenance by the city caused flooding.
- Bench trial occurred in 2013–2014; Slane and appellee settled and were dismissed before trial’s end.
- Trial court found SSA trespassed and liable, awarded $14,369 in compensatory damages, trebled to $43,109 after recklessness finding; judgment later nunc pro tunc reduced treble to $43,107.
- Appellant challenged prejudgment interest, liability on SSA despite privilege defenses, treble damages, and compensatory damages; on appeal the court denied some issues, granted others, and awarded set-off of $3,000 against damages based on settlement with Slane.
- Note: The court ultimately affirmed in part, reversed in part, and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability after settlement with Slane | SSA argues Slane’s dismissal with prejudice absolves SSA of liability. | Columbus contends SSA remained liable under joint/several liability. | Assignment I denied; SSA remains liable. |
| Privilege/Drainage easement defense | SSA claimed a drainage easement and public nuisance abatement rights. | SSA’s drainage rights precluded liability for trespass/nuisance. | Assignment II denied; no privilege supports liability. |
| Treble damages under R.C. 901.51 | SSA argues no reckless trespass and wariness of privilege. | Columbus contends trespass was reckless; treble damages appropriate. | Assignment III denied; treble damages sustained. |
| Prejudgment interest award | Interest awarded despite lack of delay or reasonable settlement offers. | Interest appropriate under statute. | Assignment IV granted; prejudgment interest reversed. |
| Damages and set-off for settlement with Slane | Damages supported; no set-off requested; or set-off requested for Slane settlement. | Set-off should apply for Slane settlement impact. | Assignment V granted in part; set-off of $3,000 applied to damages. |
Key Cases Cited
- Butler v. Peck, 16 Ohio St. 334 (Ohio 1865) (civil-law drainage rights for dominant landowners)
- Tootle v. Clifton, 22 Ohio St. 247 (Ohio 1872) (drainage rights in rural land)
- Lunsford v. Stewart, 95 Ohio App. 383 (Ohio 1953) (natural drainage rights; easement approach rejected)
- Kalain v. Smith, 25 Ohio St.3d 157 (Ohio 1986) (criteria for awarding prejudgment interest)