Edmondson v. Steelman11/30/1992
WALSH, Judge.
Plaintiff-appellant, Jamie Edmondson, appeals a decision of the Clermont County Court of Common Pleas denying a motion for leave to amend a first amended complaint.
The instant action arose out of an automobile collision between appellant and defendant-appellee, Mark E. Steelman, that occurred on September 5, 1988. As a result of the collision, appellant suffered facial injuries and lost five teeth.
Appellant filed a complaint against appellee on June 22, 1990 that alleged that appellee, while under the influence of alcohol, negligently drove left of center and struck appellant's vehicle. Damages sought included lost wages and medical expenses. On July 9, 1991, appellant filed a first amended complaint that deleted his original lost-wages claim. Appellee filed answers to the complaint and first amended complaint on July 17, 1990 and July 12, 1991, respectively.
On July 26, 1991, appellant filed a motion for leave to amend the first amended complaint to include a prayer for punitive damages. The court conducted a hearing on the matter and, in an entry dated November 1, 1991, denied the motion. The case thereafter proceeded to trial, where appellee stipulated that his negligence caused the collision. The jury subsequently awarded appellant compensatory damages in the amount of $11,000. This appeal followed.
Appellant's sole assignment of error contends that the trial court erred in overruling his motion to file a second amended complaint that included a punitive damages claim.
Amendment of pleadings is governed by Civ.R. 15(A), which states in pertinent part:
"A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time within twenty-eight days after it is served. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party. Leave of court shall be freely given when justice so requires. * * *"
The language of Civ.R. 15(A) favors a liberal policy when a trial court is confronted with a motion to amend a pleading beyond the time limit when such amendments are automatically allowed. Wilmington Steel Products, Inc. v. Cleveland Elec. Illum. Co. (1991), 60 Ohio St.3d 120, 121-122, 573 N.E.2d 622, 623-625.
The decision whether to allow a party leave to amend a complaint lies exclusively within the discretion of the trial court and the ruling will not be disturbed on appeal by a reviewing court absent an affirmative showing of an abuse of discretion. Natl. Bank of Fulton Cty. v. Haupricht Bros. (1988), 55 Ohio App.3d 249, 251, 564 N.E.2d 101, 107; Mead Cob. v. Lane (1988), 54 Ohio App.3d 59, 67, 560 N.E.2d 1319, 1327. An "abuse of discretion" connotes morsthan an error of law or judgment on the part of the court; it implies that the court's attitude is unreasonable, arbitrary or unconscionable. Huffman v. Hair Surgeon, Inc. (1985), 19 Ohio St.3d 83, 87, 19 OBR 123, 126, 482 N.E.2d 1248, 1252.
Because seeking leave to amend a pleading is required to be made in good faith, it has been held that there must be at least a prima facie showing that the movant can marshal support for the new matters sought to be pleaded, and that the amendment is not simply a delaying tactic or one which would cause prejudice to the defendant. Wilmington Steel Products, Inc., supra, 60 Ohio St.3d at 122, 573 N.E.2d at 624. Solowitch v. Bennett (1982), 8 Ohio App.3d 115, 117, 8 OBR 169, 171, 456 N.E.2d 562, 564. Where the
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