2013 Ohio 2853
Ohio Ct. App.2013Background
- Douglass, hired in 1997 as a truck driver for Provia Door, Inc.
- Douglass underwent cancer treatment with two surgeries between 2005 and 2006 and returned to work thereafter.
- He was laid off on September 3, 2009.
- On April 27, 2011, Douglass pro se filed complaints under the ADA, RC 4112.02, and for wrongful discharge.
- A bench trial was set for April 12, 2012; before trial, Provia moved in limine to challenge timeliness and failure to state a claim.
- During a Civ.R. 12(D) hearing, Douglass acknowledged the ADA claim was time-barred, and the court dismissed the ADA and RC 4112.02 claims with prejudice while reserving the wrongful-discharge issue for argument; the court later issued a judgment (April 13, 2012) and a nunc pro tunc entry (April 18, 2012) purporting to alter the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred in sua sponte dismissing disability claims with prejudice | Douglass argues the trial court lacked proper Civ.R. 12(B)(6) basis and converted the motion | Provia asserts time-bar and lack of stated claim justify dismissal | Yes; dismissal with prejudice improper; error requiring reversal |
| Whether the nunc pro tunc entry improperly altered the original judgment | Douglass contends the nunc pro tunc order changed the court’s substantive decision | Provia argues clerical correction authority was proper | Yes; nunc pro tunc entry was improper and reversible |
Key Cases Cited
- Perrysburg Tp. v. Rossford, 103 Ohio St.3d 79 (2004–Ohio–4362) (de novo standard for reviewing Civ.R.12(B)(6) with evidence in limited contexts)
- Cincinnati v. Beretta U.S.A. Corp., 95 Ohio St.3d 416 (2002–Ohio-2480) (standard for evaluating dismissal and admissibility of outside-pleadings material)
- O'Brien v. Univ. of Cincinnati Tenants Union, 42 Ohio St.2d 242 (1975) (limits on dismissal and need for state a claim)
- In re Estate of Cook, 1969 (19 Ohio St.2d 121) (authority for nunc pro tunc purposes for true record speaks the truth)
- State ex rel. Litty v. Leskovyansky, 77 Ohio St.3d 97 (1996) (limits on nunc pro tunc corrections)