Seth v. Capitol Paper Co.

GRADY, J.,

In this appeal we are asked to determine whether the trial court erred in granting PlaintiffAppellee Patrick Seth a trial by jury on the issue of liability in a claim of intentional tort brought pursuant to R.C. 4121.80. The trial court found the provisions of that statute denying the right to trial by jury to be unconstitutional. We agree. However, we also find that the trial court erred to the prejudice of Defendant-Appellant Capitol Paper Company in failing to submit to the jury certain interrogatories requested by Defendant-Appellant Capitol Paper Company and erred in failing to…