Marsico v. Skrzypek
2014 Ohio 5185
Ohio Ct. App.2014Background
- Marsico sustained multiple rear-end collision injuries from three separate drivers in 2008, 2010, 2010; the case proceeded to a jury trial with stipulated negligence but contested causation.
- Jury trial: negligence admitted for Skrzypek, Burns, and Whelchel; verdict found none proximately caused Marsico’s injuries.
- Marsico sought directed verdict/JNOV on causation; motions were denied; defendant(s) prevailed at trial.
- Marsico appealed challenging evidentiary displays in opening, order of proceedings, and exclusion of reputation evidence.
- There were post-trial motions for a new trial asserting passion/prejudice and weight of evidence; the trial court denied them.
- The appellate court affirmed the trial court’s judgments, upholding the jury verdict on causation and related rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation against Skrzypek | Marsico contends Skrzypek caused injury | Skrzypek denies causation | No reversible error; jury could find no causation against Skrzypek |
| Causation against Burns | Marsico alleges Burns caused injuries | Burns contests causation | No reversible error; jury could reasonably doubt causation |
| Causation against Whelchel/Schiemann | Marsico alleges Whelchel/Schiemann caused injuries | Defendants contest causation | No reversible error; jury could find no causation |
| Admission of deposition/misc evidence in opening | Marsico alleges improper display/readings | Defendants assert admissible as foundational or cross-examination aid | Not preserved for appeal; plain error not shown; argument overruled |
| Timing of jury instructions | Marsico claims instruction timing violated sequence | No objection or plain error shown | Forfeited; no plain error established |
Key Cases Cited
- Rennaci v. Evans, 2009-Ohio-5154 (9th Dist. Medina No. 09CA004-M (2009)) (plain error reserved for rare circumstances; forfeiture doctrine explained)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (plain error doctrine; civil cases require timely objections)
- Gilmore, State v. Gilmore, 28 Ohio St.3d 190 (1986) (exclusion of evidence requires proffer or apparent substance of excluded topic)
- Jackovic v. Webb, 2013-Ohio-2520 (9th Dist. Summit No. 26555 (2013)) (causation evidence; de novo review of directed verdict/JNOV)
- Osler v. City of Lorain, Not applicable here (1986) (quoted for standard of review on directed verdict/JNOV)
- Posin v. A.B.C. Motor Court Hotel, 45 Ohio St.2d 271 (1976) (causation and expert testimony standard)