Novy v. Ferrara
2015 Ohio 4428
Ohio Ct. App.2015Background
- Eugene and Anne Novy sued neighbors Joseph and Victoria Ferrara alleging the Ferraras built a dirt mound that altered drainage, asserting trespass, nuisance, and intentional interference with water flow; a preliminary injunction was denied.
- Trial court granted summary judgment to Ferraras on the intentional-interference claim as not recognized in Ohio; trespass and nuisance claims proceeded to jury trial.
- Jury found Ferrara committed trespass but awarded no damages and found no nuisance; the court entered a judgment on the verdict.
- On appeal this court reversed only to require nominal damages for trespass and rejected an award of punitive damages or attorneys’ fees because the jury had awarded no compensatory damages.
- On remand the magistrate awarded $100 nominal damages and denied punitive damages and fees; the trial court adopted the magistrate decision and denied the Novys’ separate motion for punitive damages and attorneys’ fees.
- Novys appealed; this court affirmed, holding the law-of-the-case doctrine bars relitigation of punitive damages and fees and ruling punitive damages cannot be based on nominal damages under Ohio law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying motion for punitive damages and attorney fees after remand awarding nominal damages | Novy: remand awarding nominal damages permitted the trial court to consider and award punitive damages and attorneys’ fees | Ferrara: issue already decided on prior appeal; law of the case bars relitigation and punitive damages cannot be based on nominal damages | Affirmed — law of the case bars reargument; punitive damages not recoverable based on nominal damages here |
| Whether plaintiffs forfeited challenge by not objecting to magistrate decision | Novy: appeal concerns separate September 29 order denying motion so no forfeiture | Ferrara: failure to object to magistrate decision precludes appellate challenge | Court declined to apply Civ.R. 53 forfeiture rule to the separate trial-court order |
Key Cases Cited
- Nolan v. Nolan, 11 Ohio St.3d 1 (Ohio 1984) (establishes the law-of-the-case doctrine in Ohio)
- Seasons Coal Co. v. City of Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (discusses punitive damages prerequisites)
- Transamerica Ins. Co. v. Nolan, 72 Ohio St.3d 320 (Ohio 1995) (denial of Supreme Court review supports application of law-of-the-case doctrine)