Kennedy v. Jacobs
2012 Ohio 4604
Ohio Ct. App.2012Background
- Kennedy hired Jacobs and BZ Media LLC to produce a documentary; Kennedy paid $40,000 and received only $2,000 back.
- Kennedy sued for fraud, conversion, unjust enrichment, and breach of contract; BZ Media defaulted.
- Cross-motions for summary judgment: Kennedy prevailed on most claims; the court held Jacobs personally liable for BZ Media's debts, but awarded no damages initially.
- Two weeks after summary judgment, the court issued a nunc pro tunc entry awarding $38,000 in compensatory damages and $50,000 in punitive damages.
- Jacobs appealed, contending the punitive damages award entered nunc pro tunc was improper because the damages were non-liquidated and required factual findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether punitive damages awarded nunc pro tunc were proper | Kennedy argued punitive damages could be entered nunc pro tunc based on the record | Jacobs contends the punitive damages award was non-liquidated and improper to enter nunc pro tunc | Punitive damages award void; nunc pro tunc entry improper |
Key Cases Cited
- State v. Brown, 136 Ohio App.3d 816 (3d Dist.2000) (nunc pro tunc corrections reflect intended judgment, not legal decisions)
- Dentsply Internatl., Inc. v. Kostas, 26 Ohio App.3d 116 (8th Dist.1985) (clerical errors may be corrected nunc pro tunc when mechanical and record-based)
- Adrine v. Miles Landing Homeowner Assn., 2008-Ohio-3041 (8th Dist.2008) (damages stated in default judgment can be entered nunc pro tunc when liquidated)
- Berardi’s Fresh Roast, Inc. v. PMD Ents., Inc., 2008-Ohio-5470 (8th Dist.2008) (ascertainable contractual installments can support nunc pro tunc damages)