Newcomer v. Nationwide Ins. Enterprise, Unpublished Decision (3-4-2003)
Newcomer v. Nationwide Ins. Enterprise, Unpublished Decision (3-4-2003)
Opinion of the Court
{¶ 2} On July 3, 2002, the Franklin County Court of Common Pleas issued a judgment entry stating:
{¶ 3} "This matter was tried before a jury, and the jury rendered its verdict on July 20, 2001. The Court having denied Defendants Liberty Mutual Insurance Company's and Cincinnati Insurance Company's Motion For Judgment Notwithstanding The Verdict, Or In The Alternative For A New Trial, the Court hereby enters Judgment in favor of Daniel Siesel on his personal injury claim in the amount of $1,527,000, and the Estate of Jennifer Ann Siesel on the Estate's wrongful death claim in the amount of $4,198,500. The Court further awards prejudgment interest on the entire award at a rate of 10% per annum, commencing July 20, 2001.
{¶ 4} "The Court finds pursuant to Civ. R. 54(B) that although certain motions regarding insurance coverage and the prioritization of claims remain pending, there is no just reason to delay an appeal of this action."
{¶ 5} Transcontinental Insurance Company filed a notice of appeal1 setting forth the following assignments of error:
{¶ 6} "Assignment of Error No. 1:
{¶ 7} "The trial court erred in entering judgment without first determining whether Transcontinental and other similarly-situated Defendants were obligated to pay Uninsured Motorists benefits to Rita Willman, to the Estate of Jennifer Siesel, to Daniel Siesel or to any other individual Plaintiff.
{¶ 8} "Assignment of Error No. 2:
{¶ 9} "The trial court erred in entering judgment without specifying the Defendants against whom judgment was entered."
{¶ 10} Before addressing the assignments of error, we must first determine whether there is a final appealable order.
{¶ 11} This court only has jurisdiction to review final orders, and where a judgment does not meet the requirements of R.C.
{¶ 12} Generally, orders determining liability in the plaintiff's favor but deferring the issue of damages are not final appealable orders because they do not determine the action or prevent a judgment. State ex rel. White v. Cuyahoga Metro. Hous. Auth. (1997),
{¶ 13} An appellate court can only fully review the propriety of a damage award in the context of liability. For example, a damage award may be appropriate and in the appropriate amount, but assessed against the wrong party or parties, or the defendant may not be liable and the issue of damages moot. To sever the issue of damages from the issue of liability is to invite piecemeal appeals — the very thing Civ. R. 54(B) was designed to guard against.
{¶ 14} While the trial court attempted to create a final order by including Civ. R. 54(B) language in its entry, the inclusion of such language does not necessarily determine the finality of an order, and only where the requirements of R.C.
{¶ 15} Because the July 3, 2002 judgment entry of the Franklin County Court of Common Pleas is not a final appealable order, pursuant to R.C.
Appeal dismissed.
BRYANT and TYACK, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.