Case No. 2011-0438 Kenneth M. Schwering et al. v. TRW Vehicle Safety Systems, Inc., et al.







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May Plaintiff Unilaterally Dismiss Civil Suit 'Without Prejudice' After Trial Has Commenced?
In Case Where Mistrial Is Declared
U.S. District Court, Southern District of Ohio

ISSUE: After a trial has commenced in a civil lawsuit, does Ohio Civil Rule 41(A)(1)(a) permit the plaintiff to unilaterally dismiss his or her claims “without prejudice” (i.e., without the dismissal operating as a judgment on the merits against the plaintiff) when the court proceeding that was commenced resulted in a mistrial?
00:00:39Elizabeth B. Wright for Ford Motor Company Inc.
00:09:00Arthur H. Schlemmer for Kenneth M. Schwering
00:27:35Summation: Elizabeth B. Wright for Ford Motor Company Inc.
00:32:37Summation: Damond R. Mace for TRW Vehicle Safety Systems Inc.