Determining Whether Individual Questions Predominate Over Common Questions
In order to certify the class, the Court must find that questions of law or fact common to the members of the class predominate over any questions affecting only individual members.
In Schmidt v. Avco Corporation, 15 Ohio St. 3d 310, 313, 473 N.E.2d 822 (1984), the Court stated that:
While what is meant by 'predominate' is not made clear by the rule, it is generally held that in determining whether common questions of law or fact predominate over individual issues, it is not sufficient that common questions merely exist; rather, the common questions must represent a significant aspect of the case arid they must be able to be resolved for all members of the class in a single adjudication.
While potential dissimilarity in remedies is a factor to be considered in determining whether individual questions predominate over common questions, that alone does not prevent a trial court from certifying the cause as a class action. Vinci v. Am. Can Co., 9 Ohio St. 3d 98, 459 N.E.2d 507 (1984), paragraph three of syllabus.