2013 Ohio 569
Ohio Ct. App.2013Background
- Nursing home negligence suit filed by Flynn and Gordon executors against Fairview Village Retirement and related entities.
- Plaintiffs alleged negligence, Nursing Home Patients’ Bill of Rights violations, federal law violations, wrongful death, and falsified medical records; seeking compensatory and punitive damages.
- Appellants moved to bifurcate punitive damages from compensatory damages under R.C. 2315.21(B); trial court denied the motion.
- Ohio Supreme Court later remanded to apply Havel v. Villa St. Joseph regarding the constitutionality and effect of R.C. 2315.21(B).
- Court concluded R.C. 2315.21(B) creates a substantive right to bifurcation; Civ.R. 42(B) is superseded; denial of bifurcation was reversible error; case remanded with costs to appellants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of bifurcation was proper | Flynn argues R.C. 2315.21(B) grants bifurcation and supersedes Civ.R. 42(B). | Fairview contends trial discretion applies; bifurcation defense not clearly mandatory. | Reversed; bifurcation required; case remanded |
Key Cases Cited
- Havel v. Villa St. Joseph, 131 Ohio St.3d 235 (2012-Ohio-552) (R.C. 2315.21(B) creates substantive right to bifurcation; supersedes Civ.R. 42(B))
- Flynn v. Fairview Village Retirement Community, Ltd., 132 Ohio St.3d 199 (2012-Ohio-2582) (Supreme Court stated final, appealable order when denying bifurcation under 2315.21(B))