Dolan v. Glouster
2014 Ohio 2017
Ohio Ct. App.2014Background
- David and Jennifer Dolan operated JD’s Towing and claimed a longstanding, informal business relationship providing tow services to the City of Glouster and Athens County that declined after a 2003 dispute (the “Chalfant incident”).
- Plaintiffs sued the City of Glouster, Mayor David Angle, Mayor Robert Funk, Chief of Police Roger Taylor, and others alleging tortious interference with business relations and sought compensatory and punitive damages.
- After a seven-day jury trial the jury awarded substantial compensatory and punitive damages against Angle, Funk, and Taylor; the trial court vacated punitive and emotional-distress awards and ordered new trials on those components, denied most post-trial relief, awarded attorney fees, and certified the judgment.
- Multiple interlocutory pleadings and amended complaints (including claims against unnamed John Doe defendants) complicated the procedural posture; the court of appeals found a final appealable judgment after the attorney-fee award consolidated the issues.
- On appeal the court reviewed (1) sufficiency of evidence supporting tortious interference, (2) evidentiary and pleading rulings (including allowance of a third amended complaint and re-joinder of Funk and Taylor), (3) damages and new-trial rulings, (4) lost-profits proof, (5) statutes of limitation, and (6) public-employee immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of a business relationship and tortious interference | Dolan: testimony and circumstantial evidence (decline in tows, remark by Angle, removal of sign) show a business relationship and intentional interference causing damages | Glouster: no contract or business relationship; declines due to plaintiffs’ conduct and rotation system; no instruction given to police to stop using Dolans | Court: Affirmed jury — sufficient direct and circumstantial evidence for a reasonable jury to find a business relationship and intentional/malicious interference (Dolan I elements applied) |
| Admission of evidence / prejudice and scope of damages (emotional distress & punitive) | Dolan: awards supported by testimony and damages proof; trial court erred in granting new trial on those damage items | Glouster: some evidence was inaccurate/misleading; awards excessive and tainted by passion or prejudice; punitive/ED unsupported | Court: Trial judge did not abuse discretion in granting new trial limited to punitive and emotional-distress damages (court may vacate those awards as excessive or influenced by passion); other compensatory awards and liability stand |
| Procedural: third amended complaint and re-joinder of Funk & Taylor | Dolan: amendments were timely; allowed and no prejudice; re-joinder proper | Glouster: amendment/post-striking and re-joinder procedurally improper; July 2006 dismissal of Funk & Taylor should have barred trial against them | Court: No abuse of discretion in allowing third amended complaint; any failure to object at trial waived; trial court permissibly reconsidered interlocutory dismissals and tried the parties on merits |
| Statutes of limitation and public-employee immunity | Dolan: suit timely; intentional tort falls outside employee immunity | Glouster: claims barred by R.C. 2744.04(A) or R.C. 2305.09(D); alternatively, individual immunity under R.C. 2744.03 | Court: Defendants failed to carry burden to prove accrual date; claims not time-barred; intentional interference is an intentional tort outside scope of employment so statutory employee immunity did not apply |
Key Cases Cited
- Dolan v. Glouster, 173 Ohio App.3d 617 (4th Dist.) (defining elements of tortious interference with business relationship)
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standard for evaluating sufficiency and manifest weight; motions for judgment notwithstanding the verdict)
- Bittner v. Tri-County Toyota, 58 Ohio St.3d 143 (Ohio 1991) (lodestar/fee discussion in context of R.C. Chapter 1345 consumer-fee awards)
- Texler v. D.O. Summers Cleaners & Shirt Laundry Co., 81 Ohio St.3d 677 (Ohio 1998) (Civ.R. 50/JNOV legal-sufficiency test)
- Posin v. A.B.C. Motor Court Hotel, Inc., 45 Ohio St.2d 271 (Ohio 1976) (denial of JNOV where some evidence supports verdict)