361 N.E.2d 490 | Ohio Ct. App. | 1976
This is a suit by the owner (Yoder) against the builder (Bernier) of a newly constructed slab floor, two family house, for damages resulting from the sinking of the slab.
At the original trial, a judgment was entered for the builder. This judgment was reversed on appeal, and a final judgment on liability was entered for Yoder. The case was remanded for further proceedings on the issue of damages.
On remand, a judgment of $3,850 was thereafter rendered for the owner, plus costs. This appeal is taken from that order.
Bernier's assignments of error are:
"1. The plaintiffs' only evidence of damage was improperly admitted because the witness was not properly qualified to express an opinion on the costs of repair.
"2. The defendant's motion for a directed verdict should have been granted because no competent evidence of damage was presented by the plaintiffs.
"3. The judgment is against the manifest weight of the evidence."
The defendant is correct in his assertion that a witness may not render an expert opinion unless he is qualified by learning or experience. However, where a witness possesses qualifications generally, within a field of expertise, the admissibility of his testimony rests within the sound discretion of the trial court. See, 21 Ohio Jurisprudence 2d 425, Evidence, Section 416. Thus, ordinarily there is no requirement that a specialist within the field be called. Consequently, it has been held that a general medical practitioner may testify as to brain damage (Parker v.Gunther [1960],
Judgment affirmed.
MAHONEY and BRENNEMAN, JJ., concur. *371