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State ex rel. Haukedahl v. Bates2/2/1995
Per Curiam.
This matter is before the court on a petition for a writ of prohibition of petitioners, Mark and Jacqueline Haukedahl. The Haukedahls seek to enjoin respondent, Judge James D. Bates of the Lucas County Court of Common Pleas, from conducting a hearing in order to correct the trial court record pursuant to App.R. 9(E). This court has granted Robert E. Kose, M.D., and Darrell K. Evans, M.D., leave to intervene in the present action.
The undisputed facts of this case are as follows. In a separate action, captioned Haukedahl v. St. Luke's Hosp., Lucas County Court of Common Pleas No. CV 88-1958 ("the St. Luke's case"), the Haukedahls filed medical malpractice claims against Drs. Kose and Evans. The Haukedahls alleged that Kose and Evans failed to respond and administer proper emergency medicine to their son Todd, resulting in his serious injury . The case was assigned to Judge Bates and proceeded to trial. During opening statements, juror John Fries lost consciousness and was subsequently aided by several persons in the courtroom.
The Haukedahls moved for a mistrial on the grounds that Kose and Evans assisted juror Fries. Due to the nature of the medical malpractice claim, the Haukedahls argued that a fair trial could not be had. Judge Bates then proceeded to conduct individual voir dire of each of the jurors in order to determine what each juror saw, The trial judge also asked each juror whether he or she would be influenced by what he or she saw. After completing the voisdire, Judge Bates denied the motion for a mistrial. The matter then proceeded to trial with the jury returning a verdict in favor of Drs. Kose and Evans.
The St. Luke's case was subsequently appealed to this court. On December 3, 1993, we issued a decision reversing the judgment of the trial court. Haukedahl v. St Luke's Hosp. (Dec. 3, 1993), Lucas App. No. L-92-011, unreported, 1993 WL 496681. This court found error in the trial court's refusal to grant a mistrial due to the incident with juror Fries. We remanded the case to the Lucas County Court of Common Pleas for further proceedings not inconsistent with our decision.
On December 10, 1993, Judge Bates initiated contact with counsel for the Haukedahls and Drs. Evans and Kose concerning the St. Luke's case. Judge Bates indicated an intention to schedule a conference for the "purpose of taking testimony from counsel for those parties and the defendant doctors as to each individual's recollection of what occurred when a juror lost consciousness during the opening statement. * * *"
On December 13, 1993, Dr. Kose filed with this court an application for reconsideration of our December 3, 1993 decision of the St. Luke's case.
On December 15, 1993, Dr. Kose filed with the trial court a motion for correction of the record pursuant to App.R. 9(E). On December 15, 1993, Judge Bates formally scheduled a hearing as to Dr. Kose's motion to correct the record.
On December 16, 1993, the Haukedahls filed the present action in this court for a writ of prohibition seeking to enjoin Judge Bates from conducting the hearing on the motion to correct the record.
On December 30, 1993, this court issued a temporary stay, prohibiting Judge Bates from proceeding with the hearing on the motion to correct the record, pending our resolution as to the Haukedahls' complaint for a writ of prohibition. On January 14, 1993, Dr. Kose appealed the temporary stay to the Ohio Supreme Court. In addition, Dr. Kose also filed complaints for writ of prohibition with the Supreme Court of Ohio seeking to prevent this court from interfering in any way with the trial court's App.R 9(E)
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