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Tolliver v. Braglin2/12/2004
DECISION AND JUDGMENT ENTRY
. This is an appeal from an Athens County Municipal Court judgment, after a jury trial, in favor of James Tolliver, defendant below and appellee herein, on his claim against Tonya Braglin, defendant below and appellant herein.
. Appellant assigns the following errors for review:
FIRST ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED WHEN IT PERMITTED OFFICER TOM MCKNIGHT TO TESTIFY AS AN EXPERT IN THE FIELD OF ACCIDENT RECONSTRUCTION BY ALLOWING THE WITNESS TO PRESENT TESTIMONY RELATED TO THE CAUSE AND MECHANICS OF THE COLLISION AT ISSUE IN THIS CASE."
SECOND ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED IN DENYING DEFENDANT-APPELLANT'S MOTION FOR A NEW TRIAL AFTER COUNSEL FOR PLAINTIFF-APPELLEE IMPROPERLY QUESTIONED DEFENDANT-APPELLANT REGARDING THE EXISTENCE OF INSURANCE AND OFFICER MCKNIGHT REGARDING ISSUANCE OF A CITATION."
THIRD ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED IN DENYING DEFENDANT-APPELLANT'S MOTION FOR NEW TRIAL AND/OR REMITTITUR WHEN THE JURY AWARD WAS UNSUPPORTED BY THE EVIDENCE, EXCESSIVE, AND/OR GIVEN UNDER THE INFLUENCE OF PASSION AND PREJUDICE."
. On June 20, 2002, appellee stopped for a red traffic light at the intersection of Route 33 and State Route 78 in Nelsonville. When the light turned green, appellee proceeded into the intersection and collided with appellant's vehicle. Appellant had apparently attempted to make a left turn in the intersection and turned her vehicle in front of the appellee's vehicle.
. Appellee's complaint (1) alleged that appellant negligently failed to yield the right of way and caused the accident; and (2) asked for $10,000 in compensatory damages. Appellant denied appellee's allegations and asserted a number of affirmative defenses. Appellant also filed a counterclaim and alleged that appellee negligently caused the accident and asked for damages in an amount "to be determined at trial." Appellee denied the counterclaim's allegations.
. At the jury trial appellee testified that he stopped for a red light at the intersection. When the light turned green, appellee proceeded into the intersection. At that point, appellant attempted a left turn in front of appellee's vehicle and collided with appellee's vehicle. Appellant testified that she turned in front of appellee because he motioned her to do so. Additionally, appellee testified that he received two estimates, one $4,411.67 and another $4,786.25, for repairs to his truck.
. The jury (1) returned a verdict for appellee on his claim; awarded appellee $7,000 in compensatory damages; and (3) found against appellant on her claim. Subsequently, appellant filed a motion for new trial and/or remittitur. Appellant asserted that opposing counsel made several comments, or asked several questions, that inflamed the jury. Appellant also asked for a remittitur of damages because the evidence did not support the jury's $7,000 award. The trial court overruled appellant's motion and this appeal followed.
I.
. In her first assignment of error, appellant asserts that the trial court erred in allowing Nelsonville Police Officer Thomas McKnight to testify as an expert "in the field of accident reconstruction." She cites Scott v. Yates (1994), 71 Ohio St.3d 219, 643 N.E.2d 105, for the proposition that, without proper accident reconstruction training, which Officer McKnight did not have, he could not offer an opinion as to who was at fault. Although we agree with appellant's argument as general proposition of law, we do not believ
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