Henry v. Richardson, 193 Ohio App. 3d 375

Henry sued Richardson for injuries and property damages from a Feb. 24, 2009 rear-end collision; default judgment entered Aug. 12, 2009; Richardson stipulated to liability.
In April 2010, a damages-only hearing was held; Henry, pro se and a native Spanish speaker, was assisted by the court.
Dr. Lawler, a chiropractor, treated Henry Feb. 27–Jun. 1, 2009; total treatment cost testified as $6,304; associated bill admitted.
An automobile repair estimate of $7,738.12 for Henry’s car was not admitted into evidence.
The trial court awarded Henry $6,304; Richardson appeals raising three assignments of error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Damages award supported by competent evidence?	Henry contends evidence proves damages of $6,304.	Richardson argues lack of proper foundation/credibility.	Yes; award supported by competent, credible evidence.
Did court act as advocate for Henry during hearing?	Henry claims court biased by advocacy.	Richardson contends court improperly assisted plaintiff.	No reversible bias; no abuse of discretion.
Admission of Dr. Lawler's testimony before proper foundation as expert?	Henry relied on treating-physician testimony for damages.	Richardson asserts improper foundation for expert testimony.	Testimony admissible; post-qualification testimony supports award.

McIntosh v. Willis, 2005-Ohio-1925 (Ohio App. 2005) (damages in default judgments require proof of damages)
Reinbolt v. Kern, 183 Ohio App.3d 287 (2009-Ohio-3492) (abuse of discretion standard governs damages awards)
Roberts v. United States Fid. & Guar. Co., 75 Ohio St.3d 630 (1996) (trial court discretion in damages; deferential review)
C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (1978) (standard for reviewing sufficiency of evidence in damages)