Rockey v. 84 Lumber Co.Rockey v. 84 Lumber Co.
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Pleadings --
R.C. 2309.01 is in conflict withCiv.R. 8(A) and is invalid and of no force and effect.- The Ohio Rules of Civil Procedure, which were promulgated by the Supreme Court pursuant to Section 5(B), Article IV of the Ohio Constitution, must control over subsequently enacted inconsistent statutes purporting to govern procedural matters.
(Nos. 91-2001, 91-2335 and 92-248 -- Submitted February 2, 1993 -- Decided April 21, 1993.)
Appeal and Cross-Appeal from the Court of Appeals for Cuyahoga County, Nos. 58610 and 58654.
Appeal from the Court of Appeals for Stark County, No. CA-8407.
Appeal from the Court of Appeals for Montgomery County, No. CA 12726.
Case No. 91-2001
On November 28, 1988, plaintiff-appellee and cross-appellant, Mildred C. Rockey, commenced a personal injury action in the Court of Common Pleas of Cuyahoga County against defendant-appellant and cross-appellee, 84 Lumber Company. Appellant‘s prayer for relief in her complaint requested “* * * compensatory damages which are reasonable * * *.”
On July 17, 1989, two days before trial, plaintiff filed a motion for leave to file an amended complaint instanter setting forth a $300,000 prayer for relief. On the morning of trial, the court denied the motion, but stated the recovery could exceed $25,000 to a reasonable amount. After a jury trial, a
On August 14, 1989, defendant filed a timely motion for judgment notwithstanding the verdict, remittitur, or in the alternative, new trial. On September 27, 1989, the court issued its opinion and judgment entry reducing the jury verdict to $25,000.
The court of appeals upheld the trial court‘s judgment on the ground that plaintiff‘s “* * * failure to timely amend her pleadings setting forth a specific monetary demand in excess of twenty-five thousand dollars as required by
This cause is now before this court upon the allowance of a motion and cross-motion to certify the record.
Case Nos. 92-248 and 91-2335
These cases have been consolidated with case No. 91-2001 for purposes of final determination. The facts of these cases are stated infra.
Fadel & Beyer, William D. Beyer and Steven D. Jones, for appellee and cross-appellant in case No. 91-2001.
McNeal, Shick, Archibald & Biro Co., L.P.A., and Charles H. Bragg, for appellant and cross-appellee in case No. 91-2001.
Denmead & Maloney and Craig Denmead, urging invalidity of
Hermanies & Major and Ronald D. Major; Casper & Casper and Michael R. Thomas, urging invalidity of
The Okey Law Firm, L.P.A., Eugene P. Okey and Brian R. Wilson, for appellees in case No. 91-2335.
Jacobson, Maynard, Tuschman & Kalur Co., L.P.A., Robert C. Maynard, Joseph A. Farchione, Jr., and Steven J. Hupp; and Fritz Byers, for appellant in case No. 91-2335.
Gardner, Ewing & Souza and C. David Ewing; Hochman & Roach Co., L.P.A., Gary D. Plunkett and James B. Hochman, for appellees in case No. 92-248.
Jacobson, Maynard, Tuschman & Kalur Co., L.P.A., Robert C. Maynard, Gregory C. Gibson, Patrick K. Adkinson and Steven J. Hupp; and Fritz Byers, for appellants in case No. 92-248.
Francis E. Sweeney, Sr., J.
I
Rockey v. 84 Lumber Co.
Case No. 91-2001
We cannot address the issue of the trial court‘s application of
“(B)(1) Subject to division (B)(2) of this section, in a complaint filed in a tort action in a court of common pleas, the complainant shall include a demand for judgment for the
relief to which he claims he is entitled, including, if applicable, the amount of any damages sought. “(2) If the complainant in a tort action in a court of common pleas seeks more than twenty-five thousand dollars in damages, he shall not specify in the demand for judgment for the relief to which he claims he is entitled the amount of the damages sought.
“* * *
“(D) If, in accordance with division (B)(2) of this section, the complainant in a tort action in a court of common pleas has not specified the amount of the damages sought, and whether or not a request was made to that complainant by a party against whom the action is brought pursuant to division (C)(1) of this section, that complainant shall amend the complaint that he filed in the action to specify the amount of the damages sought. The amendment shall occur not later than seven days before the complainant applies for a judgment by default against any party to the action, or not later than seven days before the scheduled date of the trial of the action, whichever is applicable.” (Emphasis added.)
“Claims for relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled. Relief in the alternative or of several different types may be demanded.”
It is obvious that,
Furthermore,
The Civil Rules are the law of this state with regard to practice and procedure in our state courts. Bishop v. Grdina (1985), 20 Ohio St.3d 26, 28, 20 OBR 213, 214, 485 N.E.2d 704, 705-706. The Ohio Rules of Civil Procedure, which were promulgated by the Supreme Court pursuant to Section 5(B), Article IV of the Ohio Constitution, must control over subsequently enacted inconsistent statutes purporting to govern procedural matters. See Simon v. St. Elizabeth Med. Ctr. (C.P.1976), 3 O.O.3d 164, 355 N.E.2d 903; Graley v. Satayatham (C.P.1976), 74 O.O.2d 316, 343 N.E.2d 832; See, also, Jacobs v. Shelly & Sands, Inc. (1976), 51 Ohio App.2d 44, 47, 5 O.O.3d 165, 167, 365 N.E.2d 1259, 1262; In re Vickers Children (1983), 14 Ohio App.3d 201, 204, 14 OBR 228, 231, 470 N.E.2d 438, 442. This interpretation is the only one consistent with the original reason for adopting Section 5(B), Article IV of the Ohio Constitution--that of constitutionally granting rule-making power to the Supreme Court. In re Vickers Children, supra.
Thus, since the pleading requirements of
Based on the foregoing, we reverse the judgment of the court of appeals in case No. 91-2001 and reinstate the jury verdict in the amount of $60,000.
II
Walsh v. Jagadeesan
Case No. 91-2335
On January 25, 1989, plaintiffs-appellees, Marcus J. Walsh and James F. Walsh, commenced a medical malpractice action in the Court of Common Pleas of Stark County against defendant-appellant, Singaram Jagadeesan, M.D., requesting “reasonable compensatory damages” and costs. Plaintiffs never amended their complaint.
After a three-day jury trial, but before the jury‘s deliberation, defendant raised a motion in limine requesting the court to instruct the jury that no monetary damages could be rendered since plaintiffs failed to assert a specific amount of damages as required under
Given our determination in Rockey v. 84 Lumber Co., supra, that
III
Copes v. Good Samaritan Hospital
Case No. 92-248
On March 6, 1990, plaintiffs-appellees, Ardis Copes and Elizabeth Copes, commenced a medical malpractice action against defendants-appellants, Good Samaritan Hospital and Bhimavarapu K. Reddy, M.D., in the Court of Common Pleas of Montgomery County. Plaintiffs did not specify an actual amount of damages in the demand for judgment.
After the jury was drawn and empaneled, defendants raised a motion in limine to preclude the plaintiffs from offering any evidence of damages on the ground that plaintiffs failed to amend their demand for relief at least seven days before trial as required under
Plaintiffs moved to dismiss their complaint without prejudice pursuant to
Based upon our determination in Rockey v. 84 Lumber Co., supra, that
Judgment reversed and jury verdict reinstated in case No. 91-2001.
Judgment affirmed in case No. 91-2335.
Judgment affirmed in case No. 92-248.
Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick and Pfeifer, JJ., concur.
Pfeifer, J., concurring. I fully agree with the majority opinion.
Still,
To avoid a continuation of the pitfalls encountered in the present cases, not all the statute‘s provisions should be included in the amended Civil Rules. There should not be a required two-step process for making a prayer in cases with anticipated damages of over $25,000. A statement in the complaint that monetary damages sought to be recovered exceed $25,000 should be sufficient and should not require subsequent amendment. The amended rules could contain a provision requiring a more specific disclosure of damages sought upon a demand by the defendant.
Moyer, C.J., and A.W. Sweeney, J., concur in the foregoing opinion.