Smith v. Simkanin
2011 Ohio 6123
Ohio Ct. App.2011Background
- Rear-end collision on Oct. 21, 2009 in Stark County; Smith injured and treated at Aultman Hospital and by orthopedic/chiropractic providers.
- Appellee admitted negligence but disputed proximate cause and extent of injury.
- Smith sued in Stark County Common Pleas; trial held Feb. 1, 2011; defense did not call witnesses.
- Jury found negligence proximate cause; awarded $380 for emergency department bill, nothing for other medical bills or pain and suffering.
- Smith moved for JNOV and/or a new trial; trial court denied; Smith appealed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying JNOV/new trial | Smith | Simkanin | No error; denial affirmed |
Key Cases Cited
- Texler v. D.O. Summers Cleaners & Shirt Laundry Co., 81 Ohio St.3d 677 (Ohio 1998) (set forth standard for JNOV and weight of the evidence)
- Osler v. Lorain, 28 Ohio St.3d 345 (Ohio 1986) (limits appellate review of JNOV to weight of evidence claims)
- Goodyear Tire & Rubber Co. v. Aetna Cas. & Sur. Co., 95 Ohio St.3d 512 (Ohio 2002) (articulates standard for JNOV and appellate review)