Campolo v. Przytulski

Summary

The Ninth District Court of Appeals of Ohio affirmed the dismissal with prejudice of Mark Campolo's complaint against Jeffrey Przytulski and others. The court held that the trial court provided adequate notice before imposing dismissal as a discovery sanction and did not abuse its discretion under Ohio Civil Rule 37(B). The court also rejected or declined to develop Campolo's argument that Marsy's Law prevented the dismissal.

Holdings

1. The notice requirement was satisfied because Campolo was warned in the order compelling discovery that failure to comply could result in sanctions, including dismissal, and he had an opportunity to respond to the subsequent motion to dismiss.
2. The trial court did not abuse its discretion by dismissing the complaint with prejudice under Ohio Civil Rule 37(B)(1)(e).
3. The court declined to consider Campolo's undeveloped argument that Marsy's Law prevented dismissal because he alleged that he was a crime victim.

Questions Presented

1. Whether the trial court violated Ohio Civil Rule 41(B)(1)'s notice requirement by dismissing Campolo's complaint with prejudice as a discovery sanction.
2. Whether the trial court abused its discretion under Ohio Civil Rule 37(B)(1)(e) by selecting dismissal with prejudice as the discovery sanction.
3. Whether Ohio's Marsy's Law provision prevented dismissal of Campolo's civil action because he alleged that he was a crime victim.

Disposition

affirmed