2013 Ohio 5085
Ohio Ct. App.2013Background
- Marcia Hacker and Lyndon Hacker sued Ardell Roddy, Garnet Roddy, and German Mutual Insurance for rear-end collision damages in Hancock County.
- Collision occurred January 7, 2009 on Osborn Avenue bridge in Findlay; Marcia’s car stalled, she stayed in vehicle with hazard lights on while awaiting help.
- Ardell Roddy, driving a vehicle owned by Garnet, struck Hacker’s vehicle from behind; both vehicles were total losses.
- Plaintiffs alleged negligence, negligent entrustment, and loss of consortium; damage requests exceeded $25,000 plus medical expenses.
- Trial proceedings in 2012 included witness testimony, but defendants did not present witnesses; only Dr. Kentris testified for plaintiffs.
- Jury found negligence against Ardell for Marcia with $1,183.00 in economic damages and $0.00 for non-economic damages; other verdicts were against plaintiffs on negligent entrustment and loss of consortium.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the new-trial order for inadequate damages was proper | Hacker | Roddy | New trial affirmed |
| Whether the trial court should have instructed comparative negligence for Marcia | Hacker | Roddy | Instruction properly refused; no abuse of discretion |
Key Cases Cited
- Miller v. Irwin, 49 Ohio App.3d 96 (3d Dist. 1988) (new-trial reversal when damages are plainly inadequate)