Pratt v. Easton Technical Prods., Inc.
2015 Ohio 3180
Ohio Ct. App.2015Background
- Pratt was injured in 2009 when an Easton ICS 400 arrow failed during launch, embedding in his hand.
- Pratt sued Easton under the Ohio Product Liability Act, filing August 2011 and an amended complaint February 2012 asserting design defect, inadequate warnings, warranty, and manufacturing defect claims.
- After partial summary judgment for Easton, a jury trial commenced June 10, 2013, resulting in Pratt’s verdict of $996,283.58 total ($246,283.58 economic, $750,000 noneconomic).
- The trial court later reduced compensable medical damages by $21,131.52 for insurance/adjustments, final verdict totaling $975,152.06.
- Following post-verdict motions, Easton appealed in 2014; Pratt filed a cross-appeal. The case was remanded for ruling on pending motions on remand.
- In late 2014–early 2015, the trial court issued additional orders on costs, prejudgment interest, and related matters; Pratt dismissed the cross-appeal January 2015.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Contributory fault instruction | Easton sought an instruction on contributory fault; no objection sustained. | Trial court erred by not giving requested contributory negligence instruction. | Assignment overruled; no abuse of discretion; plain error not warranted. |
| Premature rebuttal testimony | Greene rebutted Rakow’s opinions during Pratt’s case in chief with proper basis. | Premature rebuttal testimony against Rakow’s opinions was improper and prejudicial. | Assignment overruled; trial court did not abuse discretion; rebuttal testimony proper. |
| Motion for new trial and JNOV | OSI evidence and other trial issues warranted new trial; JNOV improper. | Trial court properly denied Civ.R. 59 and Civ.R. 50(B) motions. | Assignment overruled; no error in denying new trial or JNOV. |
| Cumulative trial errors and OSI misuse | Cumulative errors and OSI evidence deprived Easton of fair trial. | Any OSI references were harmless in light of overall testimony. | Assignment overruled; no abuse of discretion; no new trial warranted. |
Key Cases Cited
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (Ohio 1997) (plain error in civil cases is extremely rare; corrects only fundamental fairness errors)
- Murphy v. Carrollton Mfg. Co., 61 Ohio St.3d 585 (Ohio 1991) (whether jury instructions accurately state law; de novo review)
- Osler v. Lorain, 28 Ohio St.3d 345 (Ohio 1986) (standard for motions notwithstanding the verdict; weight of evidence not considered)
- Posin v. A.B.C. Motor Court Hotel, Inc., 45 Ohio St.2d 271 (Ohio 1976) (statutory and evidentiary standards; Civ.R. 51 limitations on objections)