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Doe v. White9/23/1994
BROGAN, Judge.
Appellant David White appeals the decision of the Montgomery County Court of Common Pleas finding him negligent and awarding damages to appellee Jane Doe.
Appellant White advances two assignments of error on appeal. First, White asserts that the trial court erred in overruling his motion to dismiss for failure to state a claim in that the trial court applied the wrong statute of limitations to the action. Second, White asserts that the trial court erred in awarding excessive compensatory and punitive damages to appellee.
White was employed by South Community, Inc. ("SCI") as a crisis counselor to answer the crisis hotline. At approximately 10:30 p.m. on April 13, 1990, Doe telephoned the crisis hotline seeking counseling. Doe's need for counseling arose from an impending divorce and her son's recent hospitalization for attempted suicide. Doe had previously been undergoing counseling from another counselor at SCI concerning problems with her son.
White testified that Doe seemed "upset" and "distressed" when she called the hotline. White counseled Doe at length over the telephone. During the conversation, White obtained Doe's address and subsequently went to her home shortly after ending the phone call. While at her home, the parties engaged isconsensual sexual intercourse. White then instructed Doe not to tell anyone of the encounter.
The following day, Doe revealed the encounter to her regular counselor at SCI. White was subsequently fired from SCI as a result of the incident because this conduct was contrary to the program policy and guidelines of SCI.
On November 27, 1991, Doe filed a complaint against White and SCI. The complaint alleged that White was negligent in engaging in sexual intercourse with a client and had committed malpractice by doing so. The complaint also alleged that SCI had committed malpractice and was negligent in hiring White and in allowing counselors to go to a client's home.
SCI filed a motion to dismiss, which was Overruled by the trial court on April 14, 1992. SCI then filed a motion for summary judgment. Doe filed a response to the motion. The trial court granted SCI's motion for summary judgment on June 10, 1992.
White filed a motion to dismiss for failure to state a claim on September 2, 1992, alleging that the statute of limitations had run. Doe filed a response to White's motion to dismiss. The trial court did not rule on the motion to dismiss until after the trial.
On September 10, 1992, a trial was held to the bench. The trial court entered its decision and judgment on September 14, 1993, overruling White's motion to dismiss and finding that White was negligent. The trial court found that the incident had caused Doe emotional pain and suffering. The trial court also found, based upon the testimony of Doe's expert witness, Dr. Cooper, that Doe suffered from post-traumatic stress syndrome caused by the incident and would require future counseling. Further, the trial court found that Doe had incurred expenses as a result of the incident, including lost wages, medical and therapy expenses. The trial court awarded Doe $25,000 in compensatory damages and $75,000 in punitive damages.
White then filed this timely appeal.
As his first assignment of error on appeal, White raises the following:
"The trial court erred by finding that the applicable statute of limitations is O.R.C. 2305.09."
White specifically claims that the trial court erred in failing to apply the one-year statute of limitations for battery or, alternatively, the one-year statute of limitations for malpr
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