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Deborah Squires v. Luckey Farmers9/17/2004
d that there was a possibility that Deborah's skin condition was caused by her exposure to the chemicals in the spray drift. He then stated that it was a 50 percent possibility "because that's the option you gave me." In a continued discourse with Luckey Farmers' trial counsel, the doctor later explained: "* * * 50/50 was the probability or which ever way you put it. To me that's still a possibility because I'm - - it's not a hundred percent." Dr. Odeh also testified that the chemicals in the spray drift "could" have caused Deborah's continuing rashes.
{ 56} This reading of Dr. Odeh's deposition transcript clearly reveals that he did not grasp the legal concept of "reasonable medical probability" and that, therefore, the doctor's testimony did not constitute legally sufficient evidence of a causal connection between the May 6, 2000 spray drift and Deborah's skin conditions. Accordingly, the trial court did not err in adopting Luckey Farmers' Conclusions of Law Nos. 4 and 5. Based on the foregoing, appellants' second assignment of error is found well-taken, in part, and not well-taken, in part.
{ 57} The judgment of the Ottawa County Court of Common Pleas as it relates to the alleged injury suffered by Deborah Squires is affirmed. The lower court's judgment as it relates to the damage to appellants' property is reversed, and this cause is remanded to that court for further proceedings consistent with this court's decision. Appellants and Luckey Farmers are ordered to pay the costs of this appeal in equal shares. See App.R. 24.
JUDGMENT AFFIRMED, IN PART, AND REVERSED, IN PART.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Peter M. Handwork, P.J., Mark L. Pietrykowski, J., Judith Ann Lanzinger, J., CONCUR.
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