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Shull v. Itani

2/13/2004

oreover, Shull addressed the report in detail in his examination of Dr. Stabler and, thus, Shull was given the opportunity to interrogate the witness regarding the report. Finally, the subject matter of the report, i.e. the cause of Shull's pain and problems in his spine, was of consequence to the determination of this action. Thus, we find that the trial court did not abuse its discretion in admitting the report.


. Moreover, even if we concluded the trial court erred in admitting the report, the admission of inadmissible extrinsic evidence may be harmless. State v. Kimbrough (July 9, 1999), 11th Dist. No. 97-L-274, 1999 Ohio App. LEXIS 3252, at *29. Since Dr. Stabler's admissible testimony detailed the contents of the report, any potential error in the admission of the report would be harmless. See In re Anthony, 11th Dist. No. 2002-A-0096, 2003-Ohio-5712, at (citations omitted); In re Thurlby (June 15, 2001), 11th Dist. No. 2000-A-0088, 2001 Ohio App. LEXIS 2714, at *14 ("The erroneous admission of * evidence is harmless if additional information, separate and apart from the erroneously admitted evidence, has been offered to prove that which the challenged evidence was offered to prove."); In re S (1995), 102 Ohio App.3d 338, 343 ("appellants must demonstrate not only that there was error but that such error operated to their prejudice"). The trial court, therefore, did not abuse its discretion in admitting the report.


. Shull's second assignment of error is without merit.


. For the foregoing reasons, we hold that Shull's assignments of error are meritless. The decision of the Lake County Court of Common Pleas is affirmed. Judgment affirmed.


WILLIAM M. O'NEILL and CYNTHIA WESTCOTT RICE, JJ., concur.






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