2020 Ohio 4884
Ohio Ct. App.2020Background:
- On July 1, 2017, Rozikov, driving a semi-tractor and 53-foot trailer, attempted a U‑turn from US‑23 north to US‑23 south; a northbound SUV driven by Darlene Kujawa struck the trailer’s left rear, killing her.
- Rozikov was charged with vehicular homicide (R.C. 2903.06(A)(3)), tried by jury, and convicted; sentenced to community control with a 30‑day jail term (stayed pending appeal), fines, costs, and a license suspension.
- The State’s case relied on eyewitnesses at the scene, Ohio State Highway Patrol investigators, and Sgt. John Banta’s crash‑reconstruction report and testimony, including vehicle pre‑crash data (PCM/RCM) from the SUV.
- Rozikov filed a pretrial motion in limine challenging Sgt. Banta’s expert qualifications and the reliability of his methods under Evid.R. 702; the trial court denied the motion and Rozikov did not renew or contemporaneously object at trial.
- On appeal Rozikov raised (1) admission of Sgt. Banta’s expert testimony (qualification and Daubert reliability) and (2) that the guilty verdict was against the manifest weight of the evidence.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Sgt. Banta’s expert testimony under Evid.R. 702/Daubert | State: Banta is a certified crash investigator; his methods (scene measurements, photos, TRS, and vehicle module data) are reliable and based on his training and experience | Rozikov: Banta lacked requisite specialized qualifications and his methodology wasn’t scientifically reliable under Daubert | Court: No plain error — Banta’s credentials and investigation satisfied Evid.R. 702(A),(B),(C); methodology grounded in scene evidence and module data; admissible (Evid.R. 703, 704 apply) |
| Verdict against the manifest weight of the evidence | State: Credible evidence (eyewitnesses, troopers’ testimony, reconstruction, vehicle module data) supports negligence causing death | Rozikov: Contradictions (e.g., eyewitness memory vs. Banta) and methodological weaknesses make verdict unreliable | Court: Jury reasonably credited State’s witnesses over defendant; record does not show jury lost its way or manifest miscarriage of justice; conviction affirmed |
Key Cases Cited
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) (gatekeeper analysis focuses on reliability of expert principles and methodology)
- Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) (Daubert standard applies to all expert testimony; reliability inquiry is flexible)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for reviewing manifest weight of the evidence)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (describes appellate review for weight of the evidence)
- Schaffer v. Ward, 17 Ohio St.3d 79 (1985) (Evid.R. 704 allows opinion testimony on ultimate issues)
- State v. Solomon, 59 Ohio St.3d 124 (1991) (Evid.R. 703 satisfied when expert bases opinion on facts perceived during investigation)