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Gore v. First National Supermarkets8/31/2000
JUDGMENT: REVERSED AND REMANDED.
Plaintiff-appellant, Debra B. Gore, appeals the judgment of the Cuyahoga County Court of Common Pleas denying her Civ.R. 60(B) motion for relief from judgment. For the reasons that follow, we reverse the judgment of the trial court and enter judgment in favor of appellant.
On March 25, 1995, appellant injured her knee while in the employ of defendant-appellee, First National Supermarkets, Inc., a self-insured employer for workers' compensation purposes. Appellant's workers' compensation claim regarding her injury was allowed for left and right knee contusion, right lateral epicondylitis. Subsequently, appellant moved to have the claim additionally allowed for major depression recurrent severe without psychotic features. Appellant's motion for additional allowance was denied throughout the administrative process.
On December 9, 1998, appellant filed an appeal pursuant to R.C. 4123.512 from the order of the Industrial Commission of Ohio denying the allowance of the additional condition to the Cuyahoga Court of Common Pleas.
Before the matter went to trial, the parties engaged in settlement negotiations. Prior to trial, counsel for appellant notified the trial court that the case had been settled. On May 26, 1999, the trial court issued an order indicating that the matter was settled and dismissed with prejudice, with a final entry to follow.
On June 14, 1999, appellant filed a Civ.R. 60(B) motion for relief from judgment. In her motion, appellant asserted that she did not realize until the settlement documents were forwarded to her by appellee that the settlement was predicated upon release of all of her workers' compensation claims, rather than only the additional allowance for a psychiatric condition. Therefore, appellant asserted, there was no meeting of the minds between the parties and a mistake of fact concerning the agreement and consequently, the trial court had been erroneously informed that the matter was settled.
Appellant further asserted that because she did not intend to settle all of her workers' compensation claims, her motion, which was served upon appellee, was written notice pursuant to R.C. 4123.65 that she was withdrawing her consent to the settlement.
Because appellant had determined that she wished to proceed at the Industrial Commission with the allowed portions of her claim, rather than pursue the court case regarding the additional allowance, appellant requested that the trial court vacate its judgment entry dismissing the case with prejudice and enter an order dismissing the case without prejudice pursuant to Civ.R. 41. No affidavit in support of appellant's allegations was attached to appellant's motion.
On July 13, 1999, the trial court entered an order denying appellant's motion for relief from judgment as plaintiff did not submit an affidavit as required by the Civil Rules.
On August 12, 1999, appellant filed a second motion for relief from judgment. This motion set forth the same allegations of operative facts as in the first motion but also included an affidavit from appellant which stated, in its entirety:
1) I am the Claimant in Claim No. 95-365413. I am the Plaintiff in Case No. 317643.
2) I understand that a part of my workers' compensation was recognized and part was denied. I agreed to a settlement of the denied part of the claim. I did not agree to a settlement of the recognized part of the claim.
3) Upon receipt of the settlement papers, I realize that my entire claim was being settled. This was not my understanding.
4) I do not wish to settle the part of
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