Schwering v. TRW Vehicle Safety Sys., Inc.

Kenneth Schwering and his wife were driving a Ford when they were involved in a traffic accident. Schwering's wife was killed and Schwering was injured. Both were wearing their seatbelts. Schwering filed a complaint against Ford Motor Company and TRW Safety Systems, asserting products-liability and negligence claims. After the case proceeded to a jury trial, the trial judge declared a mistrial. Before the second trial began, Schwering filed a notice of voluntary dismissal without prejudice pursuant to Ohio R. Civ. P. 41(A)(1)(a). Schwering subsequently filed a lawsuit in the U.S. district court, asserting the same claims against the same defendants. The defendants moved to dismiss the federal action, arguing that Schwering's voluntary dismissal of the state action did not occur "before the commencement of trial" as required by Rule Civ. R. 41(A)(1)(a), and thus the dismissal could not have been "without prejudice." The Supreme Court accepted certification from the U.S. district court and held that a plaintiff may not voluntarily dismiss a claim without prejudice pursuant to Rule 41(A)(1)(a) when a trial court declares a mistrial after the jury has been empaneled and trial has commenced. View "Schwering v. TRW Vehicle Safety Sys., Inc." on Justia Law