On March 07, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Jimmy Sparks,
and
Fca Us Llc,
for CIVIL
in the District Court of Montgomery County.
Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Monday, March 25, 2019 1:23:32 PM
CASE NUMBER: 2018 CV 01049 Docket ID: 33239510
MIKE FOLEY
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
JIMMY SPARKS ) Case No.: 2018 CV 01049
)
Plaintiff, ) Judge: Michael W. Krumholz
)
v. )
)
FCA US, LLC )
)
Defendant. )
PLAINTIFF’S MOTION TO BIFURCATE THE ISSUE OF LEMON LAW DAMAGES
NOW COMES the Plaintiff, Jimmy Sparks, by and through undersigned counsel, and move
this Honorable Court to issue an Order whereby the Court would determine damages under the
Ohio Lemon Law for the reasons set forth below.
Count I of Plaintiff’s Complaint is for relief under Section 1345.71 through Section
1345.77 of the Ohio Consumer Sales Practices Act commonly known as the “Ohio Lemon Law.”
Section 1345.72 provides for a statutory remedy in the event that Plaintiff prevails at trial on
Count I. Plaintiff contends that because this relief is statutory it is a question of law for the
Court to decide, rather than a question of fact for the jury. Based upon continued payment
obligations, the issue of damages under the Ohio Lemon Law is not a fixed amount, but rather
changes on a daily basis. Further, because it is statutory, there is a risk that, in the event the jury
finds in favor of Plaintiff under the Lemon Law, they calculate the recovery incorrectly. The Court
can avoid this potential error by determining the amount, based upon the language in the statute,
at a later time.
Plaintiff has also filed a Motion to Bifurcate the issues of attorney’s fees on all counts of
the Complaint. In the interest of judicial economy and efficiency, the issue of damages under the
Ohio Lemon Law could also be decided during this hearing at which time both sides could raise
applicable issues with the Court. Accordingly, granting such a motion would not be prejudicial to
Defendant in this case nor create an additional time burden on this Court.
For the foregoing reasons, Plaintiff prays this Honorable Court enter an Order bifurcating
the issue of damages under the Ohio Lemon Law in this case.
Respectfully Submitted,
KAHN & ASSOCIATES, L.L.C.
/s/ Robert C. Jeffries
ROBERT C. JEFFRIES (0091986)
6200 Rockside Woods Blvd.
Suite 215
Independence, Ohio 44113
(216) 621-6101
Attorneys for Plaintiff
2
4814-3442-7507, v. 1
CERTIFICATE OF SERVICE
A true and accurate copy of the foregoing Plaintiff’s Motion to Bifurcate Lemon Law
Damages was served on the following:
Chelsie Palecek, Esq.
Sutter, O'Connell Co.
3600 Erieview Tower
1301 East 9th Street
Cleveland, OH 44114
Attorneys for Defendant FCA US, LLC.
via email on this _25th_ day of March, 2019.
KAHN & ASSOCIATES, L.L.C.
_/s/ Robert C. Jeffries_______________
ROBERT C. JEFFRIES (0091986)
Attorney for Plaintiff
3
4814-3442-7507, v. 1
Document Filed Date
March 25, 2019
Case Filing Date
March 07, 2018
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Monday, March 25, 2019 1:23:32 PM CASE NUMBER: 2018 CV 01049 Docket ID: 33239510 MIKE FOLEY CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO JIMMY SPARKS ) Case No.: 2018 CV 01049 ) Plaintiff, ) Judge: Michael W. Krumholz ) v. ) ) FCA US, LLC ) ) Defendant. ) PLAINTIFF’S MOTION TO BIFURCATE THE ISSUE OF LEMON LAW DAMAGES NOW COMES the Plaintiff, Jimmy Sparks, by and through undersigned counsel, and move this Honorable Court to issue an Order whereby the Court would determine damages under the Ohio Lemon Law for the reasons set forth below. Count I of Plaintiff’s Complaint is for relief under Section 1345.71 through Section 1345.77 of the Ohio Consumer Sales Practices Act commonly known as the “Ohio Lemon Law.” Section 1345.72 provides for a statutory remedy in the event that Plaintiff prevails at trial on Count I. Plaintiff contends that because this relief is statutory it is a question of law for the Court to decide, rather than a question of fact for the jury. Based upon continued payment obligations, the issue of damages under the Ohio Lemon Law is not a fixed amount, but rather changes on a daily basis. Further, because it is statutory, there is a risk that, in the event the jury finds in favor of Plaintiff under the Lemon Law, they calculate the recovery incorrectly. The Court can avoid this potential error by determining the amount, based upon the language in the statute, at a later time. Plaintiff has also filed a Motion to Bifurcate the issues of attorney’s fees on all counts of the Complaint. In the interest of judicial economy and efficiency, the issue of damages under the Ohio Lemon Law could also be decided during this hearing at which time both sides could raise applicable issues with the Court. Accordingly, granting such a motion would not be prejudicial to Defendant in this case nor create an additional time burden on this Court. For the foregoing reasons, Plaintiff prays this Honorable Court enter an Order bifurcating the issue of damages under the Ohio Lemon Law in this case. Respectfully Submitted, KAHN & ASSOCIATES, L.L.C. /s/ Robert C. Jeffries ROBERT C. JEFFRIES (0091986) 6200 Rockside Woods Blvd. Suite 215 Independence, Ohio 44113 (216) 621-6101 Attorneys for Plaintiff 2 4814-3442-7507, v. 1 CERTIFICATE OF SERVICE A true and accurate copy of the foregoing Plaintiff’s Motion to Bifurcate Lemon Law Damages was served on the following: Chelsie Palecek, Esq. Sutter, O'Connell Co. 3600 Erieview Tower 1301 East 9th Street Cleveland, OH 44114 Attorneys for Defendant FCA US, LLC. via email on this _25th_ day of March, 2019. KAHN & ASSOCIATES, L.L.C. _/s/ Robert C. Jeffries_______________ ROBERT C. JEFFRIES (0091986) Attorney for Plaintiff 3 4814-3442-7507, v. 1