Bzdafka v. Bretz, 2011 Ohio 3982

Bzdafka and Bretz were involved in a rear-end collision on November 30, 2005; Bretz claimed to be traveling about five mph and suffered no injuries.
Plaintiffs filed suit on July 31, 2009 seeking damages for personal injuries and loss of consortium; Bretz admitted fault but contested injury extent.
Plaintiff presented medical/dental expert testimony asserting a 51,000 medical expense claim and 7,402 dental costs related to post-accident treatment.
Defense introduced pre-accident chiropractic records (Exhibit A) to impeach plaintiff; objection to authenticity was initially overruled by trial court.
Jury awarded Jennifer Bzdafka $8,000 with zero for loss of consortium; husband’s loss of consortium claim denied.
Trial court granted a new trial on grounds of improper admission of Exhibit A and weight of the evidence; appellate court affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of Exhibit A lacking authentication	Exhibit A was not authenticated; plaintiffs argued improper disclosure and authenticity concerns.	Exhibit A was relevant to credibility and predated the accident; proper authentication was required.	Admission improper; new trial warranted due to irregularity and error of law.
Whether the new-trial order was supported by weight of the evidence	Verdict undervalued proven dental damages and did not reflect the evidence of loss of consortium.	Defense cross-examination did notTruthfully impeach experts; weight of the evidence supported the verdict.	Trial court did not abuse discretion; new trial affirmed for weight-of-evidence grounds.

McWreath v. Ross, 179 Ohio St.3d 227 (2008-Ohio-5855) (cross-examination can suffice to refute expert testimony; no need for own expert)
Harris v. Mt. Sinai Med. Ctr., 116 Ohio St.3d 139 (2007-Ohio-5587) (appellate deferential review of trial court's new-trial decision)
State v. Matthews, 81 Ohio St.3d 375 (1998-Ohio-433) (standards governing new trials and appellate review)