2013 Ohio 1752
Ohio Ct. App.2013Background
- Hartman was sexually assaulted by her ER physician Perler-Tomboly; suit filed Feb 2008 seeking damages.
- Trial in Apr 2012 focused on damages; damages period included pre-May 2008, May 2008 to trial, and post-trial.
- Hartman’s ex-husband testified to behavioral changes after the incident.
- Hartman developed PTSD per psychologist Jill Bley who treated her through May 2008; no treatment after.
- Jury awarded damages for the first two periods and punitive damages; trial court awarded attorney-fees but excluded Knapp’s due to a charging lien.
- Hartman cross-appealed to recover Knapp’s attorney fees; Perler appealed denial of motion to dismiss and some damages awards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation proof for May 2008–trial damages | Hartman’s PTSD symptoms continued; Bley linked damages to Perler. | Preexisting mental health history requires expert causation. | No error; jury could determine damages from Hartman and Bley testimony. |
| Civ.R. 10(A) compliance and amendment | Hartman’s identity and address issues were nonprejudicial; amendment cured defects. | Group of Tenants requires dismissal for unidentified plaintiff. | Hartman’s Civ.R. 10(A) defects did not require dismissal; amendment permissible. |
| Knapp’s fees despite charging lien | Charging lien cannot bar recovery of Knapp’s reasonable fees. | Lien should bar fee recovery. | Reversed; remand to determine Knapp’s reasonable fees. |
Key Cases Cited
- Fantozzi v. Sandusky Cement Products Co., 64 Ohio St.3d 601 (Ohio 1992) (pain and suffering damages proven by lay testimony; expert not required)
- Youssef v. Jones, 77 Ohio App.3d 500 (6th Dist.1991) (lay testimony suffices for past damages)
- Barker v. Barker, 147 Ohio App.3d 1 (10th Dist.2001) (lay witnesses may testify to pain and suffering)
- Culp v. Federated Dept. Stores, Inc., 11 Ohio App.2d 165 (2d Dist.1965) (expert causation required where preexisting condition present)
- AAAA Ents. Inc. v. River Place Community Urban Redev. Corp., 50 Ohio St.3d 157 (Ohio 1990) (trial court abuse standard in fee award matters)
- Inwood Village, Ltd. v. The Christ Hosp., 2012-Ohio-3434 (1st Dist.) (de novo review of Civ.R. 10(A) dismissal decisions)