Wagner v. Strip
2012 Ohio 4954
Ohio Ct. App.2012Background
- Wagner was convicted in 2004 of 88 counts involving sexual abuse of 11 boys and sentenced to 89 years.
- A receiver (Strip) was appointed in a related civil case to preserve Wagner’s assets.
- Wagner alleged Strip’s negligent and fiduciary failures as receiver, including asset transfers and tax/property management.
- The trial court granted partial summary judgment for Strip on several claims but left negligence and fiduciary-duty issues for trial.
- Discovery disputes and Wagner’s requests for in-person trial and depositions were contentious; the case proceeded to bench trial.
- The trial court ultimately found in favor of Strip on the remaining issues and the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discovery denial abuse of discretion | Wagner argues denial of document production and related discovery harmed fair trial | Strip asserts discovery was within broad discretionary power and not overly burdensome | No abuse of discretion; denial affirmed |
| Remote deposition and witness deposition access | Wagner contends telephone depositions were essential for fair trial | Strip argues limited telephonic deposition was sufficient | No abuse of discretion; denial upheld |
| Motions to compel discovery and continuations | Wagner claims further discovery was necessary to prove his case | Strip argues adequate evidence existed without additional discovery | Motions denied; no abuse of discretion |
| Right to attend trial (habeas ad testificandum) | Wagner sought presence at trial as a party | Prisoners have no absolute right to be present; court has discretion | Discretion supported; no abuse; absence not reversible error |
| Right to jury trial vs. bench trial (Civ.R. 39(A)) | Wagner demanded jury trial; tried to bench on briefs | Court retained authority to proceed on briefs; no waiver shown | No reversible error; plain error not established |
Key Cases Cited
- Mauzy v. Kelly Servs., Inc., 75 Ohio St.3d 578 (1996) (abuse-of-discretion standard for discovery decisions)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion defined; standard of review)
- Mancino v. Lakewood, 36 Ohio App.3d 219 (1994) (criteria for inmate presence at civil trials (Mancino factors))
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (plain error in civil trials recognized; rare)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for manifest-weight review in civil cases; weight/burden on elements)