Briggs v. Franklin Pre-Release Ctr.
2014 Ohio 2477
Ohio Ct. App.2014Background
- Plaintiff Samantha Briggs, a corrections officer, was injured during work training on Dec. 9, 2010; she later was diagnosed with a T4-7 syrinx among other conditions.
- BWC allowed compensation for some conditions (e.g., brachial plexus injury, sympathetic dystrophy, depression) but denied coverage for the T4-7 syrinx and related spinal conditions.
- Briggs litigated the denial; at jury trial the jury found the workplace incident substantially aggravated a preexisting T4-7 syrinx (they did not find the incident caused the syrinx).
- Defendants moved for judgment notwithstanding the verdict (Civ.R. 50(B)), arguing Briggs failed to prove the syrinx preexisted the incident or was substantially aggravated by it.
- Trial court granted judgment notwithstanding the verdict for defendants; Briggs appealed asserting her expert’s testimony sufficed to prove preexistence and substantial aggravation.
- The court of appeals affirmed, holding Briggs presented only speculative opinion and no objective evidence showing the syrinx existed before the incident, so she failed to meet R.C. 4123.01(C)(4)’s requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Briggs proved a preexisting T4-7 syrinx that was substantially aggravated by the workplace incident | Briggs argued her expert (Dr. Lawson) testified that, although a pre-event MRI was lacking, the injury either caused or substantially aggravated a preexisting syrinx and clinical changes supported aggravation | Defendants argued Briggs presented no objective evidence the syrinx preexisted the incident and the expert’s testimony was speculative and insufficient under R.C. 4123.01(C)(4) | Held for defendants: Briggs failed to show preexistence with objective evidence; expert testimony only showed mere possibility, not the required probability, so judgment notwithstanding the verdict was proper |
Key Cases Cited
- Cook v. Mayfield, 45 Ohio St.3d 200 (Ohio 1989) (worker must prove by a preponderance a direct causal relationship between accident and injury)