2021 Ohio 4273
Ohio Ct. App.2021Background
- A.B. admitted felonious assault (April 8, 2020) and was adjudicated delinquent; juvenile court later held a restitution hearing and ordered $19,485.45.
- Victim Jerry Bryant was hospitalized in critical condition for several days, uninsured; his mother testified she received seven medical bills from providers and had not paid them.
- The seven bills admitted at the hearing, as presented, totaled $19,485.45; some bills disclosed self-pay discounts or adjustments.
- The juvenile court found each bill resulted from the assault, accepted the bills and the mother’s testimony as competent, credible evidence, and entered joint-and-several restitution for the total amount, noting the award could be reduced if further discounts were documented.
- A.B. appealed, arguing the restitution award did not bear a reasonable relationship to actual loss because the bills were unverified, potentially reduced by discounts, and not evidence of actual out-of-pocket loss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court abused its discretion by ordering $19,485.45 in restitution | State: medical bills admitted into evidence, plus the victim’s mother’s testimony, establish the victim’s economic loss and support the award | A.B.: unverified, several-month-old medical bills alone (and evidence of possible discounts) do not prove actual economic loss; cites Purnell | Court affirmed: bills plus mother’s testimony were competent, credible evidence; no abuse of discretion. Court also permitted future reduction if documented discounts offset the loss |
Key Cases Cited
- In re M.N., 96 N.E.3d 980 (1st Dist. 2017) (restitution within juvenile court’s discretion; must be supported by competent, credible evidence)
- In re M.A., 61 N.E.3d 630 (11th Dist. 2016) (restitution standard and evidentiary support requirement)
- State v. Purnell, 871 N.E.2d 613 (1st Dist. 2006) (unauthenticated medical bills alone may be insufficient to prove actual out-of-pocket loss)
- State v. Riley, 920 N.E.2d 388 (2009) (unauthenticated records coupled with victim testimony can suffice to establish loss)
- State v. Bowman, 909 N.E.2d 170 (2d Dist. 2009) (restitution orders must account for offsets/mitigation such as insurance or other compensation)