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Holman v. Keegan9/22/2000
DECISION AND JUDGMENT ENTRY
This is an appeal from a judgment issued by the Erie County Court of Common Pleas in a wrongful death/ survivorship action. Following a bench trial on damages only, the court awarded more than $2 million to a decedent's heirs. Because we conclude that the trial court erred in denying appellants' request for a jury trial on the damages issue, we reverse.
Appellee, Christine Holman, is the widow of Michael Holman and the administratrix of his estate. Michael Holman was killed while acting as a flagman during a 1995 sprint car race at a Fremont, Ohio motor race track. Appellant, Willie Keegan, was a participating race car driver who lost control of his car and struck Michael Holman, causing Holman's death. Christine Holman was present and witnessed the event.
Appellee originally instituted a wrongful death and survivorship action against the owner of the speedway and several others, including appellant Keegan, in Erie County. While this law suit was proceeding, Michael Holman's automobile insurer, appellant West American Insurance Company ("West American"), filed a declaratory judgment action in the Sandusky County Court of Common Pleas. West American sought a determination that it was not liable to provide uninsured/underinsured motorist coverage for this accident. The Sandusky County Court ruled in favor of West American, but we reversed that judgment on appeal, concluding that coverage had to be provided. West American Ins. Co. v. Holman (1998), 130 Ohio App.3d 450. Meanwhile, in Erie County, appellee settled with all the defendants in that suit, except Keegan.
On November 21, 1997, appellee refiled her suit against appellant Keegan, alleging claims of wrongful death and survivorship and negligent infliction of severe emotional distress. Accompanying the complaint was a request for admissions. The request contained six statements which taken together amounted to an admission of liability, if true.
On December 26, 1997, appellant Keegan, pro se, answered the complaint by generally denying the allegations it contained. Appellant Keegan did not, however, respond to the request for admissions until June 2, 1999, coincident with a first appearance by counsel for him.
Shortly after appellee's filing of its initial complaint, on December 15, 1997, appellant West American moved to intervene, " * to protect its interest with regard to potential uninsured or underinsured motorist coverage." On April 9, 1998, the trial court granted appellant West American's motion. On April 26, 1999, three months prior to the scheduled trial date, appellant West American sought leave to file an answer instanter to appellee's complaint. The accompanying answer set forth several affirmative defenses for appellant Keegan.
On June 9, 1999, in response to appellant Keegan's late reply to appellee's request for admissions, appellee moved, pursuant to Civ.R. 36, that the court deem the items in the 1997 requests admitted. Additionally, appellee challenged the standing of appellant West American to act as Keegan's "de facto" attorney.
Appellee prevailed on both these issues. Since the admissions established appellant Keegan's liability, the court ordered the matter to proceed to a trial solely to determine damages. The court also ruled, over objection, that since appellee was the only party to demand a jury trial and had subsequently waived the jury, that the damages trial would be to the bench.
Prior to trial, appellant West American attempted an interlocutory appeal of the court's ruling. We found, however, that the judgments at issue were not final and appealable and dismissed the appeal. Holman v
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