Shaw v. Thomas, Unpublished Decision (11-2-2000)
Shaw v. Thomas, Unpublished Decision (11-2-2000)
Opinion of the Court
OPINION
Plaintiff-appellee, Paul Shaw, was placed in the custody of the Ohio Department of Youth Services ("ODYS") when he was sixteen years of age. Shaw alleged that defendant-appellant, Michael Thomas, an ODYS social worker, sexually assaulted Shaw on at least three separate occasions. As a result of these allegations, Thomas pled guilty and was convicted of one count of attempted sexual battery.Shaw then brought the instant civil lawsuit against Thomas, alleging assault, battery, outrage and intentional infliction of emotional distress. Thomas filed an answer, pro se, to the complaint, denying all allegations. On November 9, 1998, Shaw moved for summary judgment on all counts. In an affidavit supporting his summary judgment motion, Shaw testified that Thomas sexually assaulted him on three occasions. Shaw stated that he reported the incidents to the authorities, and that Shaw was convicted of one count of attempted sexual battery as a result of his conduct with Shaw. Thomas did not respond to Shaw's motion for summary judgment and, on January 21, 1999, the trial court granted Shaw's motion on the assault, battery and emotional distress claims. The court referred the case to a magistrate for a hearing on damages.
On February 22, 1999, Thomas, still acting pro se, filed a Civ.R. 60(B) motion for relief of judgment. Thomas attached a one-page, unsworn typewritten document to his motion. In the document, Thomas criticized Shaw for "agree[ing] with authorities to wear a wire." He also admitted to his criminal conviction, although he argued that Shaw should not have felt threatened because he was wearing a wire and knew that "the response would be immediate" from the authorities. Thomas also attached an unauthenticated, multi-page handwritten document that appears to detail Shaw's social history and treatment plan. On April 19, 1999, the trial court denied Thomas's Civ.R. 60(B) motion.
On July 28, 1999, a magistrate heard testimony from Shaw and Thomas pertaining to damages. The magistrate recommended that the court grant compensatory damages of $100,000 and punitive damages of $100,000. The court adopted the magistrate's recommendation. On August 30, 1999, the trial court entered final judgment against Thomas in the amount of $200,000.
Thomas appeals the decision of the Franklin County Court of Common Pleas, essentially raising the following assignments of error:
The trial court erred in granting Shaw's motion for summary judgment.
The trial court erred in awarding to Shaw $100,000 in compensatory damages and $100,000 in punitive damages.
For the reasons that follow, we affirm the judgment of the trial court.
By his first assignment of error, Thomas contends that the trial court granted Shaw's motion for summary judgment in error. Appellate court review of a summary judgment motion is de novo. Helton v. Scioto Cty.Bd. of Commrs. (1997),
Pursuant to Civ.R. 56(C), summary judgment may be granted when the moving party demonstrates that (1) there is no genuine issue of material fact; (2) the moving party is entitled to judgment as a matter of law; and (3) reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, that party being entitled to have the evidence construed most strongly in its favor. Civ.R. 56(C); State ex rel. Gradyv. State Emp. Relations Bd. (1997),
* * * When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the party's pleadings, but the party's response, by affidavit or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the party does not so respond, summary judgment, if appropriate, shall be entered against the party.
In his affidavit, Shaw submitted evidence that entitled him to summary judgment on his claims of assault, battery and intentional infliction of emotional distress. Thomas failed to set forth specific facts showing that there was a genuine issue for trial. Moreover, although we agree that Thomas was not entitled to relief from judgment pursuant to Civ.R. 60(B), we observe that none of the documents attached to Thomas's Civ.R. 60(B) motion demonstrated that there was a dispute of fact as to any material issue. Thomas's first assignment of error is overruled.
Thomas next argues that the trial court erred in awarding to Shaw $100,000 in compensatory damages and $100,000 in punitive damages. The same standard of review is employed to assess the weight of the evidence whether the findings are for compensatory damages or the elements necessary to justify an award of punitive damages. As long as there is competent, credible evidence going to each essential element, the decision of the trier of fact may not be overturned on appeal. C.E.Morris v. Foley Construction Co. (1978),
There is ample evidence in the instant action for an award of $100,000 in compensatory damages. Shaw testified that he has nightmares and that he cannot go out into the public because he is afraid of people. He testified that, in the wake of his ordeal with Thomas, Shaw saw a doctor who prescribed medication and counseling, treatment he is unable to afford.
Similarly, the record includes evidence supporting the $100,000 punitive damages award. Thomas testified that he was a social worker charged with administering part of Shaw's treatment plan. Thomas admitted that he was aware that Shaw had self-esteem problems and a history of abuse. He testified that he knew that it would be inappropriate for any authority figure to have any sort of sexual conduct with a child with Shaw's background. Thomas's second assignment of error is overruled.
Shaw also filed a motion to strike appellant's brief and request for sanctions on April 27, 2000. Shaw's motion is denied; however, it is ordered by this court, sua sponte, that the parties' appeals briefs be placed under seal. See Akron Bar Assn. v. Bonetti (1998),
For the foregoing reasons, both of appellant's assignments of error are overruled, and the judgment of the Franklin County Court of Common Pleas is affirmed.
______________________ PETREE, J.
BRYANT and TYACK, JJ., concur.
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