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Cek v. Rdoht8/4/2000
llant's discovery requests. Counsel for appellee, however, never submitted a written settlement demand to appellant's attorney. In addition, several of the interrogatories that had been propounded to appellee were returned unanswered with no accompanying explanation as to why they had been left blank.
On September 15, 1997, the matter came on for a pretrial hearing. During this proceeding, the trial court addressed lingering discovery problems as raised by appellant's counsel. In addition, counsel for appellee made an oral offer to settle the pending litigation for $40,000. This was the first monetary offer to settle the case made by either party. Appellant's counsel advised the trial court that his client could not make an informed counter-offer of settlement until all of appellee's medical records had been turned over for review.
Thereafter, on October 24, 1997, the trial court ordered that the action be referred to a compulsory arbitration panel pursuant to the Rules of Practice of the Lake County Court of Common Pleas. During the succeeding months leading up to the arbitration hearing, appellant's counsel continued to make discovery requests pertaining to the release of medical reports from various physicians who had examined appellee. Appellant's counsel also deposed appellee regarding the accident and the extent of his injuries on March 26, 1998.
Before the case went to arbitration, the D.L. Peterson Trust filed a motion for summary judgment pursuant to Civ.R. 56 on the ground that appellee could not prevail as a matter of law on his claim of negligent entrustment. Appellee did not file a brief in opposition to the motion. Upon consideration of the submitted materials, the trial court granted summary judgment in favor of the D.L. Peterson Trust, thereby dismissing that entity as a party to the litigation.
The matter finally came before the arbitration panel on May 27, 1998. Appellee was present at the proceeding and testified before the panel. Appellant was unable to attend the hearing, but counsel argued the case on her behalf and introduced various evidentiary exhibits. The panel found appellant to be liable for the accident and awarded the statutory arbitration limit of $30,000 to appellee.
Neither party appealed the decision of the arbitration panel. As a result, the trial court adopted the arbitration award and entered judgment against appellant in the sum of $30,000. This judgment was entered on July 14, 1998. Subsequently, on July 29, 1998, appellee filed a motion requesting that he be awarded prejudgment interest on the $30,000 judgment. Appellant filed a brief in opposition to the motion.
On August 17, 1998, appellee filed a supplemental complaint in the trial court pursuant to R.C. 3929.06. The supplemental complaint named appellant and Old Republic as defendants. The basis of the complaint was the fact that appellee had not received payment of the $30,000 judgment from appellant within thirty days of the trial court's July 14, 1998 judgment. Consequently, appellee sought payment from Old Republic as the insurer of the vehicle which appellant was driving at the time of the accident.
Appellant filed a motion to dismiss the supplemental complaint on September 17, 1998. As grounds for the motion, appellant asserted that her counsel had forwarded a check to appellee for $30,000 on the same day that the supplemental complaint was filed, to wit: August 17, 1998. In addition, counsel had sent a check to appellee for $279.14 on September 2, 1998 as payment for postjudgment interest on the $30,000 award. Copies of the two checks were appended to the motion.
Appellee filed a response in which he agreed that
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