Evans v. Thobe
958 N.E.2d 616
Ohio Ct. App.2011Background
- Evans sustained a right-eye retina detachment during a University of Dayton training incident on Aug 4, 2006.
- Surgery occurred but Evans’s vision remains permanently impaired.
- Plaintiffs sued the University of Dayton and supervisor Thobe for negligence and loss of consortium.
- Pretrial in limine: court allegedly excluded evidence of health-insurance write-offs or provider write-offs under R.C. 2315.20(A).
- Jury verdict (Aug 7, 2009) awarded Evans $96,477 total ($46,477 economic, $50,000 noneconomic); parents’ consortium damages were nil.
- Defendants moved for new trial and/or JNOV after Jaques v. Manton was decided, arguing the court erred by excluding write-off evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion granting a new trial. | Evans argues no preserved error; no interrogatory on medical costs. | Thobe argues Jaques requires allowing write-offs evidence and the error prejudiced defendants. | Yes; trial court abused discretion; no preserved prejudice shown. |
| Whether defendants preserved the error by requesting an interrogatory. | Evans contends lack of interrogatory defeats preservation. | Thobe contends interrogatories unnecessary; required for prejudice showing. | Defendants failed to preserve prejudice; no adequate record of specific medical-cost figures. |
Key Cases Cited
- Jaques v. Manton, 125 Ohio St.3d 342 (2010-Ohio-1838) (subrogation exception does not exclude write-offs; may aid determining actual medical expenses)
- Fada v. Information Sys. & Networks Corp., 98 Ohio App.3d 785 (1994) (interrogatories and prejudice analysis under Civ.R. 61; damages discovery relevance)
- Buchman v. Wayne Trace Local School Dist., 73 Ohio St.3d 260 (1995) (interrogatories as efficient method to determine collateral-source amounts)
- State v. White, 6 Ohio App.3d 1 (1982) (trial court rulings on in limine are tentative; need offer of proof to preserve error)
- Fantozzi v. Sandusky Cement Prods. Co., 64 Ohio St.3d 601 (1992) (trial court must preserve error for juror instructions regarding duplicative damages)
- Morgan v. Cole, (1969) 22 Ohio App.2d 164 (1969) (prejudice requirement for new-trial relief)