Beruflich Dokumente
Kultur Dokumente
APPEARANCES:
Kline, P.J.:
from injuries Jill received when she slipped and fell at the
have granted them a new trial with regard to damages because the
court.
I.
stepping onto the tile, Jill immediately fell. Jill twisted and
screws from her leg. Her doctor did not release her to full
damages for Jill’s medical expenses, her pain and suffering, and
land and the building, and is responsible for its upkeep and
expert witness tested the tile and determined that it did not
comply with the Ohio Basic Building Code, the Life Safety Code
walkways.
McDonald’s Corp. was not negligent; that Munn was negligent; and
disproportionate.
assignment of error:
error:
Jackson App. No. 00CA12 5
II.
denying their motion for new trial and allowing the jury's
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does not abuse its discretion unless its action implies that the
inadequate and that the jury gave its verdict under the
(1) the amount of the verdict; (2) whether the jury considered
App.3d 767, 774; see, also, Fromson & Davis Co. v. Reider
257.
104.
Law Abs. 444, and Rognon v. Zanesville (1926), 24 Ohio App. 536.
Nor was the amount awarded shockingly small, like the one dollar
able to view Jill, weigh all the evidence, and then determine
the award, and the trial court did not abuse its discretion by
error.
III.
Ed.1991) 860, Section 36:2. The trial court should not instruct
Becker v. Lake Cty. Mem. Hosp. West (1990), 53 Ohio St.3d 202,
96CA572, unreported.
acted differently, we find that the trial court did not err in
5 Ohio St.2d 60. Munn contends that the fact that the sidewalk
Hartman v. DiLello (1959), 109 Ohio App.3d 29, 31. The evidence
in the record reveals that the danger in this case was not
caused by the rain alone, but, rather, by the rain combined with
the fact that the sidewalk was constructed with a material that
natural accumulations.
jury when the record does not contain evidence upon which
JUDGMENT AFFIRMED.
Jackson App. No. 00CA12
JUDGMENT ENTRY
BY:
Roger L. Kline,
Presiding Judge
NOTICE TO COUNSEL