State of Ohio

JURY TRIAL – R.C. 2743.48 – WRONGFUL IMPRISONMENT: R.C. 2743.48 does not provide a statutory right to a jury trial for the initial determination of innocence by the common pleas court in an action filed under R.C. 2743.48(B)(1). Because a wrongful-imprisonment action under R.C. 2743.48 is a special proceeding that did not exist at common law, R.C. 2311.04 does not provide a right to a jury trial for such an action. The application of R.C. 2721.10 is limited to actions brought under R.C. Chapter 2721 and does not provide a right to a jury trial in a wrongful-imprisonment action under R.C. 2743.48. Article I, Section 5 of the Ohio Constitution does not preserve a right to a jury trial for a wrongful-imprisonment action filed against the state because the action did not exist at common law. [But see DISSENT: A wrongful-imprisonment claim under R.C. 2743.48 functions as a modern, statutory extension of the common-law tort of false imprisonment, and this is enough to satisfy Ohio's "type of claim" standard for a jury trial right further, R.C. 2743.48 recognizes a cause of action to recover money damages, a classic form of legal relief that justifies a jury trial.]

Workers' compensation-Appeals-R.C. 4123.512-Consent provision of R.C. 4123.512(D) does not violate Article IV, Section 5(B) of Ohio Constitution because workers' compensation appeals under R.C. 4123.512 are special statutory proceedings and consent provision renders Civ.R. 41(A) clearly inapplicable-Consent provision does not violate Equal Protection Clauses of Ohio and federal Constitutions because distinct classification of claimants in employer-initiated workers' compensation appeals is rationally related to legitimate purposes of limiting improper payments made during pendency of appeals and avoiding unnecessary delay in appeal process-Consent provision does not violate due-process guarantees of Ohio and federal Constitutions because provision is rationally related to legitimate purposes of avoiding needless extension of appeal process designed to run quickly, financial effects on system as whole, and waste of judicial resources-Court of appeals' judgment reversed.