Ojalvo v. Board of Trustees

The question before us is whether the Court of Claims abused its discretion in denying certification of a class action pursuant to Civ. R. 23(B)(3). For the reasons set forth below we hold that an abuse of discretion has occurred. Accordingly, we reverse the judgment of the court of appeals and remand for class certification.

I

The question of what constitutes an abuse of discretion has been examined by this court in numerous contexts. See, e.g., Rohde v. Farmer (1970), 23 Ohio St. 2d 82 [52 O.O.2d 376] (with respect to granting of a new trial); Consumers’ Counsel v. Pud. Util. Comm. (1984), 10…