2015 Ohio 260
Ohio Ct. App.2015Background
- On May 22, 2010 Joshua Johnson was a passenger in a car struck when Bonnie Burris failed to yield; Johnson’s right kneecap was fractured and cartilage bruised after hitting the dashboard.
- Parties stipulated Burris was negligent and medical records/bills were authentic; trial focused on causation and damages.
- Evidence: Johnson and the driver testified Johnson wore a seatbelt and suffered acute, ongoing knee pain; medical records and Dr. Kim Stearns (IME) confirmed fracture, cartilage injury, need for crutches/braces, and effect on daily activities.
- The jury found Burris’s negligence caused Johnson’s injuries and awarded $17,452.19 in past economic damages but $0 for past and future non-economic damages.
- Johnson moved for a new trial under Civ. R. 59(A)(6) arguing the $0 award for pain and suffering was against the manifest weight of the evidence; the trial court granted a new trial on damages.
- The appeals court affirmed the trial court, holding the failure to award any noneconomic damages was against the manifest weight of the evidence and a retrial on damages was appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether $0 award for noneconomic damages (pain & suffering) is against the manifest weight of the evidence | Johnson: evidence of immediate/severe pain, medical treatment, and expert testimony was uncontroverted, so some noneconomic damages must be awarded | Burris: jury may permissibly award medical expenses but no noneconomic damages; jury instruction on seatbelt could justify $0 award | Court: $0 noneconomic award contradicted undisputed evidence of pain and impairment; new trial on damages affirmed |
| Whether R.C. 4513.263(F)(1) permits complete denial of noneconomic damages when plaintiff didn’t wear a seatbelt | Johnson: statute allows reduction/diminishment, not total denial | Burris: jury instruction tracked statute allowing consideration; jury could deny noneconomic damages | Court: analysis of statute premature given manifest-weight conclusion; unclear jury used statute; no need to decide statutory interpretation here |
| Scope of retrial — damages only or all issues | Johnson sought new trial on "issues of damages"; trial court retried damages | Burris: trial court should have limited retrial to noneconomic damages only | Court: retrial on damages (and related issues) permissible where issues intertwined and to avoid redundant appeals; trial court did not abuse discretion |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion standard for appellate review of factual determinations)
- Harris v. Mt. Sinai Med. Ctr., 876 N.E.2d 1201 (Ohio 2007) (trial court best positioned to weigh evidence and resolve credibility; broad discretion on new-trial motions)
- Farkas v. Detar, 126 Ohio App.3d 795 (Ohio Ct. App. 1998) (jury’s failure to award pain and suffering may be manifestly contrary to reasonable inferences from undisputed evidence)
- Hardy v. Osborn, 54 Ohio App.3d 98 (Ohio Ct. App. 1988) (award of medical expenses without any noneconomic damages can be against the manifest weight when pain evidence is unrefuted)